[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 117
of the 1971 Code. Amendments noted where applicable.]
[Amended 9-13-2010 by Ord. No. 2010-20]
A.
There shall be a Superintendent of the Waterworks,
who shall be appointed as provided by law. He shall have charge and
control of said waterworks and all machinery, materials, tanks, reservoirs,
tools, wells and any and all things appurtenant to said works, and
shall conform to such rules as may be made by the Borough Manager.
B.
No new work shall be contracted for or undertaken
by him without first being authorized by the Borough Manager. But
he may attend at once to such repairs as shall be imperative and forthwith
notify said Borough Manager what was required and what has been done
to remedy the same. He shall have control and direction of the pumping
engine, caulkers and tappers and all other workers and laborers engaged
under him in the prosecution of any work. He shall have power to employ
and discharge all laborers and to suspend any of the employees of
the Water Department, but in such cases shall at once notify the Borough
Manager of his action and his reasons therefor, and if his action
be sustained by the said Borough Manager, its conclusion shall be
final. He shall have charge of all main stop valves, fire hydrants
and other fixtures appertaining to the water system of the Borough.
He shall supervise the laying of all new pipes, the repairing of all
pipes, fire hydrants and other fixtures that may require it. He shall
keep an account of all new pipes laid and old ones removed and make
a full report of the same at the end of the year to the Council.
C.
He shall see that a proper stock of all articles required
by his Department is kept on hand, both for repairs and renewals of
all parts, and shall at once report to the Borough Manager any deficiency
existing therein.
D.
He shall keep an exact time list and payroll of all
men employed by him. He shall make all new attachments to the Borough
mains and shut off water from any premises for nonpayment of water
rent or for any cause that shall make such action necessary. He shall
make a yearly report on the first day of January to the Council of
all proceedings in his Department during the year, and shall make
such recommendations to the Council touching the work to be done or
proposed to be done during the succeeding year as he may deem best
for the good of the Department, together with all such other information
as shall enable the Council to acquire a definite and accurate understanding
and knowledge of the condition and workings of the Department.
[Amended 9-13-2010 by Ord. No. 2010-20]
All applications for the introduction of water into any premises or its supply for any purpose or for the extension of any private pipe for the conveyance of such water or for the addition of any tub, closet, basin, sink lavatory, urinal or other fixtures to any premises must be made in writing on the books of the Superintendent or such other person as may be authorized by the Borough Manager to receive such applications, and such applications shall be made at least one day before ground shall be broken or the work to commence, and after the owner of the property to be supplied, or his or her authorized agent, shall have signed the books, the Superintendent or other authorized person shall issue a permit for the required supply, in which permit the date, the name of the owner of the property to be supplied and to who issued, the location of the said property, the size and diameter of proposed ferrule, the purpose for which the water is to be used and the rate to be charged therefor shall be specified, and the Superintendent or other authorized person shall keep a list of the permits so issued and the name of the person so contracting for a supply of water. The Superintendent shall, within two days after issuing a permit, drill the opening and make the attachment of the ferrule to the public main, and the person obtaining the permit shall pay a fee as per § 204-27 of this chapter, but if attached or extension for added fixtures or outlets is required, there shall be no charge for such permits, but the applicant must name each and every fixture or outlet he desires to add to his supply, to the Superintendent, and receive a permit for the same extensions to said private service before any water is turned on to any new work or extension to old. The water rent in full to the succeeding term shall be paid.
No private hydrant for domestic use shall be
allowed to be erected on any public street or highway where it may
become a source of supply to any person or persons who are not entitled
to the use of the same. The corporation cock and lead gooseneck at
the main are owned and controlled by the Borough of Beach Haven and
are not to be removed or tampered with except by order of the Water
Department.
[Amended 9-13-2010 by Ord. No. 2010-20]
No person shall, without a permit from the Superintendent
or other person duly authorized by the Borough Manager, introduce
a ferrule into any public or private pipe or form any connection or
communication whatever with said pipes or break ground for that or
any other similar purpose, and no person or persons shall introduce
or use a ferrule of larger diameter or make any attachment or do anything
otherwise than is specified in his or her permit.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Superintendent or other persons authorized
by the Borough Manager shall, at all reasonable hours, have free access
to all parts of the premises to which water is supplied, for the purpose
of inspection, examination of fixtures, etc.
[Amended 9-13-2010 by Ord. No. 2010-20]
Every contract that may or shall be made by
the Borough Manager with any person or persons for a supply of water
by a private pipe shall be deemed and considered a permanent contract,
unless either party desires to make a new contract at the termination
of any year, in which case the Borough Manager or the person or persons
using the water, as the case may be, shall have power by giving one
month's notice in writing to the opposite party to annul and make
void the existing contract at the end of any one year.
[1]
Editor's Note: Former § 204-6, Supplying water to
others, as amended, was repealed 11-12-2013 by Ord. No. 2013-10C.
All permits shall be granted upon the express
condition that if from any cause the supply of water should fail,
the Borough shall not be held liable for any damages which shall arise
in consequence thereof.
All persons who may be supplied with water from
any of the Borough mains shall keep their own service pipes, stopcocks,
curb boxes and apparatus in good repair and protected from frost at
their own risk and expense and shall prevent any unnecessary waste
of water, and it is expressly stipulated that no claim shall be made
against the Borough by reason of the breaking of any service pipe,
service cock or other fixtures or from damage arising from shutting
off water to repair or alter mains or to make connections with the
same.
[1]
Editor's Note: Former § 204-8, Prepayment of water
rent; unauthorized use, was repealed 11-12-2013 by Ord. No. 2013-10C.
[Amended 6-28-1976 by Ord. No. 76-6; 9-13-2010 by Ord. No.
2010-20]
In all cases where water has been turned off
for nonpayment of water rent or for any violation of any of the provisions
of this chapter or any of the rules or regulations relating to the
use of water, it shall not be turned on again until expenses attending
the turning off and on of the water, together with the rent and the
fine and penalty that may be due, are paid. If it is found that the
water has been turned on again without compliance with the above requirements,
it shall be lawful for the Borough Manager to cause the ferrule to
be withdrawn, and it shall not be inserted again until all back rents,
fines and penalties, plus $10 for drawing and replacing the ferrule,
are paid.
All private pipes shall be laid to a depth of
not less than 24 inches below the surface of the ground, and every
plumber or other person laying such pipes shall be liable for the
expense incurred in taking up and relaying such pipe to the required
depth. In all cases where an opening shall be made in any of the streets
of said Borough for the purpose of connecting any private pipe with
the public main, or of extending, repairing, renewing or removing
the said private pipe, the opening shall be filled as soon as circumstances
will permit, and the roadbed and surface of the streets and the paving
and curbing firmly relaid and fixed in good order at the sole cost
of the owner of the private pipe.
[Amended 9-13-2010 by Ord. No. 2010-20]
No plumber or other person shall open or close
any of the stopcocks or valves under charge of the Borough Manager
without being duly authorized by the Superintendent or Borough Manager.
No person shall permit the water to flow unnecessarily
from any part of a private pipe or fixtures thereof, nor shall he
permit any waste of water on his or her premises or the premises by
him or her occupied, either within a building or upon any yard, street
or alley.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Superintendent or other person authorized
by the Borough Manager shall be authorized to inquire, at any dwelling
or other place where any unnecessary waste of water proceeds, into
the cause of the same, and if said waste arises from the want of repair
in pipes or fixtures, and if the owner or occupier of the said premises
shall neglect or refuse, upon 24 hours' notice being given, to have
the necessary repairs made forthwith, the said Superintendent or other
authorized person shall be and is hereby authorized and empowered
to shut off the water leading to such place or premises, and no person
shall turn on the water before the necessary repairs are made.
[Amended 9-13-2010 by Ord. No. 2010-20]
Should the Superintendent or Borough Manager
have reason to believe that there is actual or probable evasion or
disregard for the provision of this chapter or any rules or regulations
relating to the distribution of water in any building, lot of ground
or premises into or through which pipes for conducting a supply of
water have been laid, it shall and may be lawful for the Superintendent
of the Waterworks or other person authorized by the Borough Manager
to enter at all reasonable times into such building, lot of ground
or premises for the purpose of examining the pipes of conduct or other
fixtures and ascertaining whether the same are in proper order and
repair and for cutting off all pipes of communication or shutting
off the stopcocks or detaching the ferrules where delinquencies occur
in the payment of water rents and no person shall oppose or obstruct
the aforesaid person in making such examinations or shall turn on
the water or cause the water to be turned on without authority.
[Amended 9-13-2010 by Ord. No. 2010-20]
No person or persons who have been permitted
to introduce upon his, her or their premises a fire hydrant for the
protection of their property from fire shall use or permit to be used
the same for sprinkling or washing the yards or street, filling wells,
boilers or tanks or for any purpose whatever except its legitimate
use for the extinguishing of fires, and upon repetition of such offense
the Borough Manager or Superintendent shall be authorized to detach
the connections of said fire hydrant from the main, notwithstanding
the cost of the introduction of said fire hydrant was paid by the
said parties.
All fountains shall be placed upon a meter.
[Amended 9-13-2010 by Ord. No. 2010-20]
No person shall use or open any fire hydrants
without permission of the Borough Manager or Superintendent of the
Waterworks, or damage the same or use wrenches on them other than
those intended or leave caps off of hose connections or in any way
damage them.
[Amended 9-13-2010 by Ord. No. 2010-20]
No person or persons shall obstruct the access
to any fire hydrant, stop valve or other fixture connected with the
supply of water to the Borough, by placing thereon or within 10 feet
thereof stone, brick, lumber, dirt or any other material, or by permitting
such material to be so placed by any in their employ; and if he, she
or they neglect or refuse to remove the same forthwith, after being
given notice by the Borough Manager or Superintendent or other authorized
person, the said Borough Manager, Superintendent or other authorized
person may remove the same, and the expense attending removal shall
be paid by the party offending.
[Amended 9-13-2010 by Ord. No. 2010-20]
The wrenches of the fire hydrants shall be in
the charge of such person or persons as may be designated by the Borough
Manager, and the fire hydrants shall not be opened for any purpose,
except the extinguishment of fires, except by permission of the said
Borough Manager or the Superintendent of the Waterworks, and the person
or persons entrusted with the wrenches of the fire hydrants shall
close the said fire hydrants as soon as the fire is extinguished.
No person or persons shall break, injure or
do any damage whatever to any engine, pump or machinery or to any
engine house or other structure, or to any pipe valve, stopcock, fire
hydrant or other fixture or appurtenance appertaining to or connected
with the waterworks, nor shall any person throw or put stones, earth,
filth or any foreign matter or substance whatever into the reservoirs,
wells or waterways, or place sticks, stones or other matter in curb
boxes or dig or break the earth in any of the streets or ground for
the purpose of disturbing, moving or injuring any pipes, valves or
other fixtures or appurtenances or of obstructing the passage of water
through the same.
[Amended 6-28-1976 by Ord. No. 76-6; 5-22-1995 by Ord. No.
95-12]
A.
Lawn and garden sprinkling. The usage of water for
the sprinkling of lawns and gardens during the peak season of June
1 through September 30 will be restricted and allowed only as follows:
odd-numbered houses may water lawns and gardens on Wednesdays, Fridays
and Sundays. Even-numbered houses may water on Tuesdays, Thursdays
and Saturdays. No watering is permitted on Mondays. Watering on any
day is permitted only between the hours of 6:00 a.m. and 9:00 a.m.
or between 7:00 p.m. and 10:00 p.m. Any person convicted of violating
this section shall be fined $100 per violation.
[Amended 7-11-2005 by Ord. No. 2005-12]
B.
Automatic irrigation/sprinklers. All automatic irrigation
or sprinkler systems must have operating rain sensors incorporated
in the system.
C.
Garden hose. No garden hose exceeding 3/4 inch shall
be permitted to be used. No hose shall be used without an attached
automatic, spring-loaded nozzle.
D.
Prohibitions. It shall be unlawful for any person
within the Borough of Beach Haven to utilize the potable water of
the Borough system to transport such potable water into the waters
of any bay, lagoon, channel or other saltwater body for the purpose
of preventing water from freezing around docks, piling, boats or other
structures. Only air bubblers shall be permitted for this purpose.
Any violation hereof shall entitle the Borough of Beach Haven to turn
off the water supply to that property at the curb stop and may result
in the issuance of a summons. The property owner shall be required
to pay an emergency service charge pursuant to § 204-24A(2)(a)
prior to any restoration of service.
E.
Food establishment restrictions. All restaurants,
cafes, luncheonettes and other food service establishments shall serve
water by patron request only.
F.
New/replacement plumbing fixtures. All new or replacement
plumbing fixtures shall meet the water conservation standards as promulgated
by the latest version of the Uniform Construction Code.
In the opening of any street or alley or public
ground for the introduction of any water service pipe or connection
under authority of a permit from the Water Department, both the owner
and the plumber so opening said street, alley or public ground shall
be held responsible therefor, and all due precautions, such as barricades,
red lights and other necessary means to prevent accidents, shall be
taken by the said owner and plumber, and all service pipes in all
streets or private grounds shall be laid at least two feet under the
surface of the ground, and plumbers shall be required to thoroughly
pack the dirt back in the ditches and in all trenches opened by them,
and to keep gravel and sand entirely separate in opening any trench
and to replace the same in as near the condition found as possible.
[Amended 6-9-1975 by Ord. No. 75-10; 6-28-1976 by Ord. No.
76-6; 9-4-1994 by Ord. No. 94-18; 10-11-1994 by Ord. No. 94-34; 2-8-1999 by Ord. No. 99-2; 2-12-2002 by Ord. No. 2002-1; 4-13-2009 by Ord. No.
2009-10; 11-9-2009 by Ord. No. 2009-31; 5-10-2010 by Ord. No.
2010-10; 6-14-2010 by Ord. No. 2010-15; 9-13-2010 by Ord. No.
2010-20; 11-8-2010 by Ord. No. 2010-25; 8-8-2011 by Ord. No. 2011-18C; 10-11-2011 by Ord. No. 2011-20C; 11-12-2013 by Ord.
No. 2013-10C]
All consumers of water from the Beach Haven Municipal Water Supply System shall be metered and consumption of water shall be charged as hereinafter set forth in § 204-24. Each unit, be it residential or commercial, to which water is supplied shall have water supplied only through a water meter approved by the Water Department of the Borough of Beach Haven; provided, however, that in certain condominiums individual metering may be dispensed with where a condominium meets the requirement of § 204-23B(3).
A.
Requirements for water meters: Each and every dwelling
unit in the Borough of Beach Haven, as well as each commercial establishment
in the Borough of Beach Haven, shall have a water meter installed,
and any dwelling unit or commercial unit which has not had a water
meter installed as of the effective date of this section shall be
sent a notice of installation requirement by the Borough Clerk. Any
such notice shall be complied with within 30 days of its mailing to
the unit owner at that owner's address as carried on the tax rolls
of the Borough of Beach Haven, such mailing to be sent by certified
mail, return receipt requested, and regular mail. Any unit owner to
whom such notice is mailed shall install a water meter supplied to
the property owner by the Borough of Beach Haven without cost. Such
installation shall be made by a plumber licensed by the State of New
Jersey pursuant to a water permit issued by the Borough of Beach Haven
Water Department at the sole expense of the unit owner.
(1)
If the water meter is to be installed in a meter pit
as opposed to the interior of any structure located on the lot, the
meter pit and the meter shall be installed by the water department
of the Borough of Beach Haven.
(2)
Charges for plumbing permits and meter pits are as
hereinafter set forth in § 207-27.
B.
Condominiums and other multiple units.
(1)
Where separately owned individual units, residential or commercial,
in condominium ownership or otherwise, are located in a single structure
or building and are shown as individual lots for tax assessment purposes
on the tax records of the Borough of Beach Haven, are serviced by
a single lateral connected to the service main providing water service
to the area where such units are located, the owners of such separately
owned units shall provide and maintain a separate water meter for
each such unit. If any such separately owned individual unit does
not have a water meter, one will be supplied without cost by the Borough
of Beach Haven, which meter shall then be installed by the unit owner
or owners at said owner's or owners' sole cost and expense. Such installation
shall be made by a New Jersey licensed plumber pursuant to a validly
issued plumbing permit issued by the Construction Office of the Borough
of Beach Haven. The owner of any such separately owned individual
unit which is not so supplied shall acquire, without cost, from the
Borough of Beach Haven, a water meter and install the same within
30 days after receiving written notice sent by certified mail, return
receipt requested, and regular mail to the owner or owners of such
individual unit at the addresses of such individual owner or owners
as may appear on the tax records of the Borough of Beach Haven.
(2)
In addition to separate water meters for each individually owned
unit, condominiums shall also have installed, at their sole cost and
expense, by a New Jersey licensed plumber, a water meter, supplied
without cost by the Borough of Beach Haven, to serve the common elements
of the condominium and a separate one to serve the limited common
elements of such condominium, if either the common elements or the
limited common elements have separate outlets through which water
may be supplied to service either the common elements or the limited
common elements.
(3)
If any unit owner does not wish to install at his, her, their or
its expense water meters supplied by the Borough, the Borough will
install a new lateral with a water meter pit and a meter to service
such unit, and it shall be the obligation of the unit owner to connect
that water service and water meter. The connection to such water service
and water meter shall be completed by a licensed New Jersey plumber
pursuant to a validly issued plumbing permit. Such connection shall
be completed within 60 days of the installation of the water meter
and water meter pit by the Borough of Beach Haven.
(4)
Exemption of requirements for individual water meters. During the
course of installation of water meters in condominium developments,
it has been made apparent that certain condominiums, because of age,
type of construction, or other complicating factors, make it prohibitively
expensive to install individual water meters for each condominium
unit. The Mayor and Council of the Borough of Beach Haven have determined
that a fair and uniform method of identifying such hardships must
be established, and the Mayor and Council, having conferred with their
professional engineer and their Borough Attorney, as well as their
Borough Manager, have agreed that a monetary standard to reflect exemption
from the requirement of individual water meters is necessary as is
a mechanism for providing notice to future condominium unit owners
of the special conditions by which such condominium units are burdened,
it is hereby declared:
(a)
Where a condominium association provides evidence reasonably satisfactory
to the Borough Engineer that the cost of installing individual meters
for individual condominium units in a single building would exceed
$2,500 per unit, an exemption shall be granted and the condominiums
may be supplied with water through a single meter, provided that the
following procedure is implemented.
(b)
Where the Borough has determined, after reasonable investigation,
that the reasonable cost and expense of installing individual water
meters for each condominium unit exceeds the sum of $2,500, the Borough
shall notify the condominium unit owners that an exemption will be
granted under the following terms and conditions:
[1]
The condominium bylaws shall be amended and, as amended, recorded
in the Ocean County Clerk’s office at Toms River, New Jersey.
A copy of the recorded amendment shall be provided to the Borough.
The amendment shall specifically provide that, in the event of a failure
to pay the water bill for the condominium, a lien will be sold in
the same manner as tax liens or liens on single units provided with
a water meter, which liens shall encumber each and every unit in the
condominium as well as all of the common areas of the condominium.
The amendment shall also provide that the owners of each and every
condominium unit in the condominium acknowledge that, for a failure
to pay the water bill when rendered and due, the Borough of Beach
Haven reserves the right, and the owners of all of the individual
units in the condominium acknowledge that the Borough reserves the
right, to discontinue all water service to the condominium and all
units located therein upon 10 days' notice sent by certified mail,
return receipt requested, to each individual condominium owner and
the posting of such notice on the door of each condominium unit.
C.
Ownership and maintenance of water meters, residential
and commercial.
(1)
Curb boxes, meters and meter pits. All curb boxes, meters and meter pits are and shall remain the property of the Borough and shall not be tampered with. It is the responsibility of the owner of the property to keep meter pits and curb boxes in good condition and up to grade. The property owner shall be charged by the Borough for all expenses incurred by the Borough for any repair to any curb box, meter pits or water meters. The property owner shall be charged by the Borough for testing of a water meter when the testing was requested by the property owner or their representative and the meter is found to be functioning properly. The cost for such testing and repairs shall be as may from time to time be fixed by the Mayor and Council of the Borough of Beach Haven pursuant to § 204-28 of the revised General Code of the Borough of Beach Haven.[1]
[Amended 8-11-2014 by Ord. No. 2014-12C]
(2)
In the event that any meter reading shows an aberration when the bills are sent out for water consumption pursuant to § 204-24, the property owner must, within 15 days, advise the Borough of Beach Haven Water Department of the aberrational reading; and for a failure to so notify, the reading shall be deemed accepted by the property owner.
(a)
If it is determined that the aberrational reading
was caused by a defective water meter, the property owner shall be
billed an average of the preceding three years' use of water for the
like period.
(3)
If any person without authority to do so connects,
covers or disconnects a water meter pipe or other conduit of the Borough
carrying water from the Borough of Beach Haven's water supply system
or in any manner tampers or interferes with any water meter, seal
or dial on any water meter, pipes, conduits or attachments or other
instruments, such person shall be subject to the provisions of N.J.S.A.
2C:20-8 and N.J.S.A. 2C:43-3. In the event such person is found guilty
of this section, repairs shall be made by the property owners at their
expense and a tampering inspection by the Water Department shall be
required at the owner's expense.
[Amended 6-10-2019 by Ord. No. 2019-16C]
(4)
All water meters and water connections in the Borough of Beach Haven shall be subject to inspections to be conducted by the Water Department of the Borough of Beach Haven during normal business hours, Monday through Friday of each week. Normal business hours shall be defined as being between the hours of 7:00 a.m. and 2:00 p.m., local time prevailing. The purpose of the inspection shall be to ensure that water meters and pipe or other conduit is installed and maintained in accordance with the provisions and requirements of § 204-23 of the Code of the Borough of Beach Haven.
(5)
If any property owner fails to comply with the installation or repair of their water meter pit or their water meter, the Borough of Beach Haven Water Department shall arrange for appropriate installation or repair of said water meter pit and water meter which installation may include the retention of an outside contractor at prevailing wage. All costs for said service and materials shall be charged to the homeowner in accordance with the schedule adopted by Mayor and Council pursuant to § 204-28 of the Code of the Borough of Beach Haven.[2]
[Added 8-11-2014 by Ord.
No. 2014-12C]
(a)
In addition to the above mentioned cost, an administrative fee of
$500 shall be charged to the property owner and shall be collected
and enforced according to law.
D.
Where the owner of any real property in the Borough
of Beach Haven which has a water meter and water service line desires
to move the same and relocate it, the owner of the property shall
pay all of the costs involved in the movement, and the relocation
must be approved by the Borough of Beach Haven Water Department prior
to commencement of work. The Water Department, in determining whether
to approve or disapprove an application, shall consider the ease of
access by the Borough to the water meter as well as impact on the
water system of the Borough and the impact on the roadway for the
relocation of the lateral servicing the property. Under no circumstances
may any water meter pit be located in the sidewalk nor in the driveway
servicing the property.
E.
Where any new construction is undertaken in the Borough of Beach Haven where no water pit nor meter exists, the location of the water service and the meter pit or meter shall be approved by the Beach Haven Water Department prior to the issuance of a plumbing permit. The Water Department shall, in determining to approve or disapprove the location, follow the criteria set forth in Subsection D above.
G.
The owners of all units, both residential and commercial, serviced
by the Beach Haven Water Supply System shall make access available
for any employees of the Borough of Beach Haven Water Department for
inspection and repair, as necessary, to water meters, water meter
pits, shutoff valves and laterals providing water to the individual
units. In any area where water meter pits or shutoff valves have been
installed by the Borough of Beach Haven and after such installation
the unit owner has caused the meter pit or shutoff valve to be covered
by landscaping, vegetation, paving or any other impediment constructed
by the owner, restoration of these impediments shall be at the sole
cost and expense of the unit owner.
H.
During the installation process, where any meter pit or shutoff valve
is located in the paved roadway or in the sidewalk area in front of
any residential unit, which paved roadway or sidewalk area is disturbed
or destroyed as a result of installation of a water meter pit or shutoff
valve, restoration shall be made at the sole cost and expense of the
Borough. The Borough shall maintain such restoration for a period
of 12 months from the installation but thereafter maintenance and
restoration shall be the sole responsibility of the owner of the unit
being served by the meter pit or shutoff valve.
[Amended 6-9-1975 by Ord. No. 75-10; 4-8-1996 by Ord. No.
96-5; 4-10-2000 by Ord. No. 2000-8; 2-9-2004 by Ord. No.
2004-4; 7-9-2007 by Ord. No. 2007-14; 4-13-2009 by Ord. No.
2009-10; 2-14-2011 by Ord. No. 2011-2C; 3-12-2012 by Ord. No. 2012-4C; 8-13-2012 by Ord. No. 2012-15C; 11-12-2013 by Ord.
No. 2013-10C]
The Borough of Beach Haven has created and maintains
a very significant infrastructure to provide available water service
for all property owners of the Borough who may have occasion to require
water service. In order to provide funds to defray maintenance expense
on infrastructure, and as well as to defray operational expenses,
certain charges will be levied. Charges will be levied for water actually
consumed, as reflected by water meter readings, and a standby or service
charge will be levied in addition to and over and above any metered
charges billed for actual water use and consumption.
A.
Standby or service charge.
(1)
The standby or service charge shall be levied against
any lot shown on the Tax Assessment Map of the Borough of Beach Haven
as a taxable lot, if a water meter has been installed servicing the
lot. The standby or service charge shall also be levied against the
owner of every unit, residential or commercial, where a water meter
has been installed.
[Amended 8-11-2014 by Ord. No. 2014-12C; 2-9-2015 by Ord. No. 2015-2C]
(a)
Exemptions from the standby or service charge may be applied for
by filling out an appropriate application which may be obtained from
the Borough Clerk’s office of the Borough of Beach Haven, requesting
that the Council of the Borough of Beach Haven grant an exemption
from the standby or service charge. The Borough Council may, in its
sound discretion, grant an exemption under such terms and conditions
as the Council may deem appropriate. Exemptions may be granted for
any of the following reasons:
[1]
For a lot which is substandard and nonbuildable but owned in joint
ownership with a contiguous lot which is buildable if the owner or
owners of such lots execute the necessary deed of consolidation to
merge the lots into a single lot so they show as a single lot on the
tax duplicates, only a single standby or service charge shall be levied.
[2]
More than one water meter has been installed servicing a lot, a dwelling
unit or a commercial unit which additional meter is not being utilized
for the delivery of water. If the water lateral servicing such meter
shall be capped pursuant to a validly issued cut and cap inspection
fee issued by the Water Department of the Borough of Beach Haven,
such lot, dwelling unit or commercial unit shall be exempt from the
standby or service charge.
[3]
Any lot which is incorporated for use with another lot or other lots
in a single use which lot or lots may not be separated from the use
in which such lot or lots may be incorporated for building or use
different from the existing incorporated use without formal approval
from the Beach Haven Land Use Board shall be exempt from the standby
or service charge.
[4]
Any lot which operates as a bona fide nonprofit organization or any
lot which a distinguishable and separate section operates as a bona
fide nonprofit organization, so long as the waterline and meter serve
the nonprofit exclusively.
[Added 7-10-2017 by Ord.
No. 2017-18C]
[5]
Any qualifying exemptions under this section are still required to
pay for the usage at the current rates.
[Added 7-10-2017 by Ord.
No. 2017-18C]
(2)
The standby or service charge shall be $125 per quarter,
due and payable on the first day of the second month of each quarter
of every calendar year, that is to say, on February 1, May 1, August
1 and November 1.
B.
Charges for condominium units exempted from individual meters. For any condominium in the Borough of Beach Haven which is exempt from the installation of water meters for each individual condominium unit, such exemption being granted and approved by the Mayor and Council of the Borough of Beach Haven pursuant to the provisions of § 204-23B(3), the condominium association shall be billed, in addition to the charge for water as reflected on the water meter, a minimum base charge of $125 per quarter for each individual unit in the condominium as well as the same charge for the condominium common areas and for the condominium limited common areas.
C.
Charges
for metered consumption of water.
[Amended 4-13-2015 by Ord. No. 2015-15C
(1)
Water
consumed shall be charged in accordance with usage reflected on water
meters through which the water passed. The rates shall be $4 per 1,000
gallons for the first 25,000 gallons used in any calendar quarter,
$4.50 per 1,000 gallons for any water in excess of 25,000 gallons,
up to but not in excess of 100,000 gallons per calendar quarter, with
a further charge of $5.50 per 1,000 gallons of water for any water
used in excess of 100,000 gallons in any calendar quarter.
(2)
All
bills for metered service shall be rendered quarterly for consumption
due during the prior quarter and shall be due and payable on or before
the first day of the third month of the quarter following the quarter
for which the water was used. The standby or service charge shall
be included on the same bill as sent for metered water charges.
[Amended 12-28-2023 by Ord. No. 2023-37C]
(a)
Usage charges shall be due and payable on the first day of the second
month of each quarter of every calendar year: March 1, June 1, September
1, and December 1. For failure to pay when due, delinquent bills
shall be treated as delinquent taxes with interest to occur and liens
to be sold in the manner of tax liens.[1]
[1]
Editor's Note: Former Subsection D, Forgiveness policy, added
12-9-2015 by Ord. No. 2015-32C, and which immediately followed this
subsection, was repealed 4-11-2016 by Ord. No. 2016-5C.
No property owner, tenant or other person shall
close any dwelling or other premises occupied or used by him without
first having the water supply turned off.
Any property owner, tenant or other person in
charge of any property who permits his water pipes to freeze and thereby
causes a loss of water shall be liable to the Borough for all such
loss of water at the rates fixed by this chapter.
[Amended 6-28-1976 by Ord. No. 76-6; 6-9-1980 by Ord. No.
80-2; 2-9-2004 by Ord. No. 2004-4; 11-8-2010 by Ord. No.
2010-25; 11-12-2013 by Ord. No. 2013-10C]
A.
Tapping fees.
(1)
Charged
in addition to meter pit fees where the Borough shall tap and install
a lateral from the water main to the curb:
[Amended 2-13-2023 by Ord. No. 2023-03C]
|
Pipe Size
(inches)
|
Fee
(Municipal Road)
|
Fee
(County Road)
| |
|---|---|---|---|
|
3/4 and 1
|
$3,200
|
$6,200
|
(2)
Where
the tapping into Borough water mains shall be performed by any person,
firm or corporation other than the Borough of Beach Haven Water Department,
the charge shall be $250, and the person, firm or corporation doing
the work shall be responsible for repair and resurface of any municipal
road or county road which has been disturbed and shall be responsible
for the installation of water meters and water pits, if required,
the meters having been furnished by the Borough of Beach Haven without
cost.
B.
Meter pit fees.
(1)
Where
any construction as described in § 204-26E is undertaken,
a charge of $1,000 shall be made for each meter pit in addition to
the charges set forth in § 204-30A above. The Borough shall
install the meter and meter pit while installing the lateral from
the water main to the service connection. The charge of $1,300 is
for the installation of the meter pit; the meter shall be furnished
by the Borough of Beach Haven without charge.
[Amended 2-13-2023 by Ord. No. 2023-03C]
(2)
If
any meter or meters are to be installed in the interior of any building
located on the lot, the meters shall be supplied by the Borough of
Beach Haven without charge and shall be installed at the sole cost
and expense of the property owner, such installation being made by
a New Jersey licensed plumber holding a water connection permit issued
by the Borough of Beach Haven Water Department.
C.
Cut and
cap inspection fee. Where any unit owner wishes to have a water meter
disconnected with the water lateral cut and capped or to reconnect
after such cut and cap, the person or entity providing the disconnection
shall pay a cut and cap inspection fee to the Borough of Beach Haven
Water Department in the amount of $125.
D.
Permanent
abandonment.
[Added 6-8-2015 by Ord.
No. 2015-18C[1]]
(1)
Where
any property owner wishes to have water service permanently abandoned
to create a parcel of vacant land, including removal of the service
lateral, removal of the meter pit and meter, a charge of $750 will
be required by the Beach Haven Water Department.
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
Emergency
and nonemergency turnoff and turn-on of water supply shall be charged
as follows:
[Amended 4-12-2021 by Ord. No. 2021-8C]
(1)
Emergency
turnoff and turn-on of water supply. A service charge of $250 will
be made each time the water is turned on and a like charge when the
water is turned off as a result of an emergency. An emergency includes
work done after normal working hours, weekend call-in, turnoff of
water supply due to pipes freezing after normal working hours and
any other unscheduled emergencies after normal working hours.
(2)
Nonemergency
turnoff and turn-on of water supply. A service charge of $100 will
be made each time the water is turned on and a like charge when the
water is turned off. A nonemergency includes a property owner or caretaker
making arrangements in advance with the Water Superintendant to have
the water turned on or off during normal working hours or turnoff
of water supply due to pipes freezing during normal working hours.
F.
Charges for usage monitoring system. Every account in the Beach
Haven water conveyance system shall be billed $1.50 quarterly for
the implementation and maintenance of a water usage monitoring system.
[Added 3-14-2016 by Ord.
No. 2016-3C]
G.
Tampering inspection fee. Where any unit owner has violated § 204-23C(3) of this Code, repairs must be made at the owner's expense and a tampering inspection fee of $500 must be assessed for the repairs to be certified before the service of water shall be turned on.
[Added 6-10-2019 by Ord. No. 2019-16C]
[Amended 9-13-2010 by Ord. No. 2010-20]
A.
The Council
reserves the right to change the rules and regulations and the rates
for the use of water from time to time, to make special rates or contract
in all proper cases, to shut off the water for alteration, extensions
and repairs and to stop and restrict the supply of water whenever
it may be found necessary, and the Borough shall not be liable under
any circumstances for a deficiency or failure in the supply of water,
whether occasioned by the shutting off of water to make repairs or
connections or for any other cause whatsoever, and the Council reserves
the right to attach meters at any time it may deem it expedient and
to thereafter charge for the quantity of water measured or used and
to make reasonable charges for the use of such meters.
B.
The Council
further reserves the right to, by resolution, fix fees to be charged
for any inventory parts supplied by the Beach Haven Water Department
to water customers in the Borough of Beach Haven included in but not
limited to the following schedule:
[Added 8-11-2014 by Ord.
No. 2014-12C]
|
3/4 inch IPERL water meter
| |
|
1 inch IPERL water meter
| |
|
Transmitter
| |
|
Transmitter coupler
| |
|
3/4 inch freeze plate
| |
|
1 inch freeze plate
| |
|
Locking lid bracket
| |
|
Meter pit lid
| |
|
2 inch riser
| |
|
4 inch riser
| |
|
6 inch riser
| |
|
8 inch riser
| |
|
10 inch riser
| |
|
12 inch riser
| |
|
Meter pits
|
[Amended 6-22-1992 by Ord. No. 92-24]
A.
The Borough Treasurer shall have charge of all the
books of the Water Department that pertain to revenues and shall have
charge of all moneys that may come into her hands by virtue of said
office.
B.
The Borough Tax Collector shall act as Water Register.
She shall make all collections for water rents and shall keep a separate
ledger account with each person buying water of the Borough, and said
account shall show under which class each person or persons is buying
water. She shall collect for and receipt all permits and shall account
for the same upon the proper books of the Borough.
Where any person or persons or corporation lays
out new streets and the Borough lays water mains in said street and
said person or persons or corporation fails to grade and cover same
and to keep same covered to protect them from frost before said street
is accepted by the Borough, said person or persons or corporation
shall be held liable for all damage to occur, and in no case is the
laying of water mains in any street to be considered an acceptance
of said street by the Borough.[1]
[Added 5-10-2010 by Ord. No. 2010-10]
A.
Where
any connection is made to the public water mains of the Borough of
Beach Haven, the lateral making the connection shall be either Type
"K" copper meeting with AWWA Specification C-800 for Type "K" copper
water tubes or Copper Tubes S (CTS) poly. All tubing shall have a
working pressure rating of 200 psi. The standards and specifications
set forth in this subsection shall apply from the water main to that
point where the service lateral enters the structure which it is designed
to service.
B.
Where
water service has been provided for any structure and the structure
is removed or no longer requires water service from the Borough of
Beach Haven, the water service shall be capped at the property owner’s
side of the shutoff valve and the shutoff valve box or curb box servicing
the property.
[Added 11-12-2013 by Ord.
No. 2013-10C]
For any violation of this chapter, the owner or owners of the violating unit or units shall be subject to punishment as provided for in § 1-16 of the Code of the Borough of Beach Haven. Each day beyond the one-hundred-twenty-day limit set forth in this subsection shall constitute a separate violation for which a separate summons shall be issued.
