[Adopted 10-15-84 by Ord. No. 1984-26]
The Township of Barnegat is hereby establishing certain water use rules and regulations and methods for user charges within the Township of Barnegat, County of Ocean, State of New Jersey as provided and authorized by Title 40 of the New Jersey Statutes.
The purpose of this article is to establish water use rules and regulations and to establish a system of water user charges for those to be serviced by the Barnegat Township municipal water system which is being purchased from the Barnegat Water Company, a private utility. The rules and regulations shall not only govern who shall connect and under what circumstances they shall connect to the water system but also provide a system of rules and regulations in accordance with the regulations and requirements. This article shall further establish a water/sewer utility for the Township of Barnegat which presently has a sewer utility.
[Amended 3-21-94 by Ord. No. 1194-7; 8-2-16 by Ord. No. 2016-21]
A. 
All residential, commercial, industrial, institutional and governmental users shall be charged a minimum fee (except as provided in § 74-14C) based upon the size of the meter and a uniform excess usage charge based upon gallons used. The minimum charge for each water user shall be based upon the size of the meter as set forth in Schedule B of the water/sewer utility rates at the end of this chapter.[1]
[Amended 12-20-93 by Ord. No. 1993-46; 7-26-99 by Ord. No. 1999-22; 12-14-15 by Ord. No. 2015-15; 8-2-2016 by Ord. No. 2016-21; 12-6-2016 by Ord. No. 2016-29; 12-7-2021 by Ord. No. 2021-22]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
Excess water user charges. All users shall be charged a uniform excess gallon charge in addition to the minimum billing for all water usage which exceeds 15,000 gallons per quarter. The excess charges shall be as set forth in Schedule B which may be found at the end of this chapter.[2]
[Amended 12-20-93 by Ord. No. 1993-46; 12-14-15 by Ord. No. 2015-15; 8-2-2016 by Ord. No. 2016-21; 12-6-2016 by Ord. No. 2016-29; 12-7-2021 by Ord. No. 2021-22]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C. 
Reduced rates for senior citizens and the permanently and totally disabled. Effective January 1, 2000, all residential users who meet the criteria established in N.J.S.A. 40A:31-10.1 shall be charged a reduced minimum fee based upon the size of the meter and the uniform excess usage charge based upon gallons used as provided by § 74-14B. The minimum charge for each qualified residential user shall be based upon the size of the meter as follows:
[Amended 12-14-15 by Ord. No. 2015-15; 12-6-2016 by Ord. No. 2016-29]
(1) 
5/8 inch or 3/4 inch: a minimum quarterly charge of $37.
(2) 
One-inch meter: a minimum quarterly charge of $72.
(3) 
1 1/2-inch meter: a minimum quarterly charge of $108.
(4) 
Two-inch meter: a minimum quarterly charge of $143.
(5) 
Three-inch meter: a minimum quarterly charge of $143.
(6) 
Four-inch meter: a minimum quarterly charge of $143.
D. 
Late charges. All water billing shall be done quarterly and shall be due and payable on January 15, April 15, July 15 and October 15 of each year. Delinquency charges shall commence at the expiration of a ten-day grace period from the due date and shall be calculated on the same basis as delinquent real estate property taxes.
[Added 3-18-85 by Ord. No. 1985-9]
E. 
Turn-on and Turn off charges; All customers shall be required to pay a fee to turn-on and turn-off a water service as set forth in Schedule A, which may be found at the end of this chapter.[3]
[Added 3-18-85 by Ord. No. 1985-9; amended 8-5-96 by Ord. No. 1996-32; 12-14-15 by Ord. No. 2015-15; 12-6-2016 by Ord. No. 2016-29; 12-7-2021 by Ord. No. 2021-22]
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
F. 
Estimated charges. In the event the Township cannot obtain a water reading from excess water usage, an estimated bill may be sent to the water customer by the Township.
[Added 3-18-85 by Ord. No. 1985-9]
G. 
Fire hydrant charges. There is hereby established a fee of $161 plus any additional parts per annum for each fire hydrant serviced by the Barnegat Water/Sewer Utility. The Township-owned fire hydrants shall be exempt from within fire hydrant charges.
[Added 4-1-85 by Ord. No. 1985-10; amended 3-7-88 by Ord. No. 1988-8; 12-14-15 by Ord. No. 2015-15; 12-6-2016 by Ord. No. 2016-29; 12-7-2021 by Ord. No. 2021-22]
H. 
Minimum charges. The minimum charges for water usage and the base rate for sewer charges shall be due and payable from the customers of the water/sewer utility whether or not said customer is actually using the utility service. This requirement is based upon the fact that the utility must continually operate and size its facilities to accommodate any and all customers whether or not their systems are actually in use. However, in the event that a dwelling or structure is destroyed and its occupation is condemned, then the customer shall apply to the utility for discontinuation of its water and/or sewer charges. Additionally, if a customer has totally removed all water and sewer facilities from a dwelling or structure, said application may be made and upon inspection similar relief may be granted.
[Added 6-3-85 by Ord. No. 1985-18]
I. 
Commencement of billing. In the event that a new customer is added to the "Water/Sewer Utility" billing shall commence from the date that the certificate of occupancy is issued for the structure or dwelling. If this occurs during the quarterly billing period, then said quarterly billing shall be prorated.
[Added 5-16-88 by Ord. No. 1988-19]
There is hereby created for the Township of Barnegat a Water/Sewer utility commencing January 1, 1985, and to replace the present sewer utility. The purpose of this is to combine the present sewer utility with the new water/sewer utility company being purchased by the Township of Barnegat.
[Amended 8-16-10 by Ord. No. 2010-19; 9-18-12 by Ord. No. 2012-24; 12-14-15 by Ord. No. 2015-15; 8-2-16 by Ord. No. 2016-21; 10-4-16 by Ord. No. 2016-24; 12-6-2016 by Ord. No. 2016-29; 11-13-2018 by Ord. No. 2018-37]
A. 
Fees for connection to the Barnegat Township water distribution system shall be $1,492 per unit for connection. Where the unit is an affordable housing unit, the fee for connection shall be 50% of the aforementioned connection fee. The connection fee schedule as set forth in Schedule A, which may be found at the end of this chapter. In the case of a vacant lot, if the owner did not request and pay for a lateral at the time of main line construction, the lot owner shall be responsible for the cost of the physical connection to the water main as well as the connection fee, and water tap inspection as set forth in Schedule A, which may be found at the end of this chapter.[1]
[Amended 12-7-2021 by Ord. No. 2021-22]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B. 
Connection fees for the reconnection of a disconnected unit shall be calculated according to the following schedule:
(1) 
A credit, applicable to the connection fee to be charged for a reconnection of a disconnected property that was previously connected to the water distribution system, shall be given, provided that:
(a) 
The property has been connected to the water distribution system for at least 20 years; and
(b) 
Service charges have been paid for the property in at least one of the last five years.
(2) 
The credit required under Subsection B(1) shall be calculated as follows:
(a) 
If the reconnection does not require any new physical connection or does not increase the nature or size of the service or the number of units, or does not expand the use of the water distribution system, the credit shall be equal in amount to the new connection fee.
(b) 
If the reconnection requires a new physical connection, increases the nature or size of the service or the number of service units, or expands the use of the water distribution, the credit shall be equal in amount to any connection fee previously paid for the property, and the Township shall charge the difference between the credit and the connection fee for the new use.
(c) 
If no connection fee was ever paid for the property, but all service charges due and owing on the property have been paid for at least 20 years, the credit shall be equal in the amount to a new connection fee; provided, however, that any charges due and owing pursuant to Subsection B(2)(b) of this section shall be paid.
(3) 
If no connection fee was ever paid for a disconnected property that is to be reconnected and which was previously connected to the water distribution system for at least 20 years, the Township shall charge, in addition to amount due and owing after application of a credit pursuant to this section, a connection fee equal to the lesser of:
(a) 
20% of the service charges that would have been paid based upon the usage for the last full year that the property was connected to the water distribution system for the period from the date of the disconnection from the water distribution system to the date of the new connection; or
(b) 
The new connection fee.
(4) 
A credit shall not be allowed under this section for a property that has been disconnected from the water distribution system for more than five years.
(5) 
For a property connected to the water distribution system for less than 20 years, the Township may charge an additional connection fee for an addition, alteration, or change in use that materially increases the level of use and imposes a greater demand on the water distribution system but does not involve a new physical connection of the property to the water distribution system.
(6) 
The connection fee authorized by Subsection B(5) of this section shall be equal to the amount by which the increased use and demand on the water distribution system exceeds the use and demand that existed prior to such addition, alteration or change in use.
(7) 
Nothing in this section shall be construed to preclude the Township from charging a new or additional connection fee for any new or additional connections of a property to the water distribution system, or for any increase in the size of an existing connection, or for any new construction or additional service units connected to the water distribution system that materially increase the level of use or demand on the water distribution system.
(8) 
As used in this section, "disconnected property" means a property that has been physically disconnected from the water distribution system or a property not physically disconnected but to which service has been discontinued without payments being made. A "disconnected property" shall not include a property that has been temporarily disconnected from the water distribution system or to which service has been discontinued without payments being made for less than 12 consecutive months and which is being reconnected as it existed prior to the temporary disconnection or discontinuance of service.
(9) 
As used in this section, "materially increases" means any increase in the number of service units; or any other change which increases the level of use or demand on the water distribution system by 15% or more over the highest actual annual use and demand that existed prior to the ten-year period immediately preceding the addition, alteration or change in use; provided, however, that, if the property has been connected to the water distribution system for less than 10 years, the average level of use and demand shall be calculated based on the actual period of connection.
[Amended 3-10-14 by Ord. No. 2014-03]
There is hereby adopted for the Township of Barnegat Rules and Regulations entitled, "Rules and Regulations for the Water Supply System, Township of Barnegat, Ocean County, New Jersey" dated December, 2013. Said Rules and Regulations are on file in triplicate in the office of the Township Clerk, 900 West Bay Avenue, Barnegat Township, New Jersey and are available for inspection during normal business hours.
[Added 8-5-96 by Ord. No. 1996-32]
Failure to pay billed water usage charges for a period of 60 days beyond the due date may result in the water service furnished to the delinquent user being shut off from any house, tenement, building or lot where the same is connected and water shall not again be supplied until the arrearage with interest and penalties, together with a water shut-off fee of $40 and a water turn-on fee of $40 shall have been fully paid. Water shall not be shut off unless a delinquent notice is forwarded by ordinary mail to the delinquent user at the billing address at least 20 days before shut-off.
[Added 8-17-98 by Ord. No. 1998-19]
A. 
Purpose. In order to defray engineering, legal, and administrative costs in reviewing, processing, inspecting and approving new water supply facilities, the following fees shall be paid to the Township by the applicant.
(1) 
Preliminary water review fees. The following preliminary water review fees are hereby established:
Total Number of Units
Fee Formula
0-30
$500 plus $50 per lot
31-100
$2,000 plus $20 per lot over 30
101 plus
$3,400 plus $10 per lot over 100
(2) 
Final water review fee: 2% of estimated cost of construction based on an estimate prepared by the Water and Sewer Utility Engineer.
(3) 
There is hereby established a water inspection construction fee of 8% of the estimated cost of construction.
B. 
Development inspection fees.
[Added 8-3-09 by Ord. No. 2009-026]
(1) 
The developer must deposit with the Township an inspection fee pursuant to N.J.S.A. 40:55D-53 an amount not to exceed the greater of $500 or 5% of the cost of the improvements as estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4.
(2) 
For those developments for which the inspection fees are less than $10,000, the fee may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are then $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspections, the developer shall make additional deposits of 25% of the inspection fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
[Added 4-4-05 by Ord. No. 2005-14]
A. 
The water rules and regulations (§ 74-17) of the Township of Barnegat are hereby amended to include the Cross-Connection Control Program. A copy of the Cross-Connection Control Program is on file at the Township Clerk's office and can be reviewed during normal business hours.
B. 
The Cross-Connection Control Program shall be included in the "Rules and Regulations of the Water Supply and Distribution System, Township of Barnegat, prepared by Charles H. Mackie Associates, October, 1984". Said rules and regulations as amended shall remain on file at the office of the Township Clerk and are available for inspection during normal business hours.