[Adopted 8-5-96 by Ord. No. 1996-34]
As used in this Article, unless a different meaning clearly appears in the context, the following terms shall have the meanings indicated:
BUILDING
Any building or structure heretofore or hereafter constructed, designed or used for use or occupancy by persons, be it temporary or permanent.
CONNECTION DATE
[Amended 2-24-97 by Ord. No. 1997-2]
A. 
Where used with respect to a building constructed prior to the date of initial operation of any water pipeline available to service said building, the one hundred eightieth (180th) day next ensuing the date of initial operation of such waterline as part of the water system to be owned or operated by the Township of Barnegat.
B. 
When used with respect to a building constructed subsequent to the date of such initial operation, the one hundred eightieth (180th) day next ensuing the date of completion of construction or date of occupancy of such building, whichever date shall first occur.
WATER PIPELINE
Any water pipeline or main designed or used for the distribution of potable water and located in any public street in the Township.
A. 
The owner of any building in the Township of Barnegat shall connect such building and all water facilities therein to the public community water system if an adequate public community water system is available, if such public community water system's water lines are within two hundred (200) feet of the property line on which the building is located, if connection can legally be made thereto and if such connection is practical. Exceptions to this requirement are as set forth in N.J.A.C. 7:10-12.4(c).
[Amended 3-20-00 by Ord. No. 2000-5]
B. 
On lots where there are two (2) buildings, such building shall be separately connected to the waterline with its own water service line.
C. 
All new buildings in the Township of Barnegat shall be required to connect to the public community water system if an adequate public community water system is available, if such public community water system's water lines are within two hundred (200) feet of the property line on which the building is located, if connection can legally be made thereto and if such connection is practical. Exceptions to this requirement are as set forth in N.J.A.C. 7:10-12.4(c).
[Amended 3-20-00 by Ord. No. 2000-5]
D. 
Requests for exemptions may be made, in writing, to the Township Engineer and shall be supported by engineering and/or technical data. After a review of the exemption request and supporting documents, the Township Engineer shall render a decision to grant or deny the exemption.
[Amended 3-20-00 by Ord. No. 2000-5]
E. 
All buildings or other structures shall be subject to the following:
(1) 
After connection to the waterline, each owner of the property connected thereto shall be notified by the Township of Barnegat or its agent to immediately disconnect any water well located on the subject property.
(2) 
All notices shall be addressed to the owners of said property as the names of said owners appear in the last tax duplicate of the Township of Barnegat; shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Barnegat and by the street address if a street address exists; and shall state that, by order of the Township of Barnegat, the owner is required to disconnect any water wells located on his or her property within thirty (30) days of service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this Article. Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of eighteen (18) years. Said notice may also be served within or without the limits of the Township of Barnegat by mailing the same, by certified mail, to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Barnegat.
(3) 
Upon connection to the waterline and receipt of the notice under Section 74-25E(1) and (2), the property owner must discontinue and disconnect any water service from a water well located on his or her property or adjacent thereto. The Township of Barnegat Board of Health, or its designated agent, shall make the necessary inspections to ensure compliance with the requirement that any water well shall be disconnected.
F. 
In the event that an owner of the property has installed a new or replacement well within sixty (60) months prior to the receipt of notice, that individual may apply to the Township of Barnegat for a one-time extension as to his or her connection date. The application for this extension may be granted for a period up to but not more than sixty (60) months from the date that the owner of the property installed a new or replacement well, so that the total time period within which the owner of the property may be allowed to await connecting to the water system of the Township will not exceed sixty (60) months from the date that the owner of the property installed a new or replacement well. The application for extension shall also be supported by documented proof that the applicant has invested a substantial sum for installing a new or replacement well. After review of the application for extension the Township of Barnegat shall conduct a public hearing on the matter and render a decision to grant or deny the request for extension. The owner of the property shall pay the cost of the connection fee being charged at the time of the request for the extension. In the event that the property in question is sold prior to the expiration of the extension period, the connection must be completed prior to the issuance of a certificate of occupancy for the new owner.
G. 
The installation of a bypass line around a water meter shall be strictly prohibited unless prior written approval by the Township of Barnegat has been granted. All permitted bypass lines must meet the design specifications of the Township of Barnegat.
H. 
At the request of the property owner, the connection fee may be paid in installments. The first installment shall be one-half (1/2) of the connection fee paid upon submission of the request. The remaining one-half (1/2) of the connection fee shall be paid in full within a six (6) month period, plus interest at the rate of eight percent (8%) per annum. In the event that the property is sold prior to completion of the installment plan period, all remaining sums due and owing, including interest, shall be paid to the Township upon transfer of title, and or upon issuance of a certificate of occupancy for the new owner.
[Amended 2-24-97 by Ord. No. 1997-2; 8-16-10 by Ord. No. 2010-19]
I. 
There shall be no inspection fees payable to the Township for its services related to connections made by property owners to the Township water system.
[Added 2-24-97 by Ord. No. 1997-2]
Any new habitable structure or buildings shall be required to have a meter set installed when either public water is available or when dry lines have been installed and as further specified by the Township of Barnegat.
A. 
Meters required. All water taps made and services installed must be metered.
B. 
No person, other than an employee or agent of the Township of Barnegat, shall remove, replace or, in any manner, interfere or tamper with a meter attached to a water pipe used or intended to be used to supply water to any building. This applies whether the meter is set within or without a building. Any plumbing configuration intended to bypass the meter is prohibited and shall be considered theft of service, as well as a violation of this section.
[Added 4-15-02 by Ord. No. 2002-11]
A. 
Each developer of any property located within the Township of Barnegat is required to use a hydrant meter equipped with a reduced pressure zone backflow preventer and support stand. Each developer must pay to the Township, in addition to water usage charges, a meter fee of two dollars ($2) per day for the use of the hydrant meter. The Barnegat Township Water and Sewer Utility shall provide such a meter upon request by the developer. The developer shall be responsible for the condition of the meter and for the costs of any necessary repairs.
B. 
Each developer shall be responsible for instructing all contractors and subcontractors performing work at the property being developed to use a designated hydrant equipped with a meter and backflow preventer.
C. 
The Township shall read hydrant meters issued to developers on a quarterly basis and shall bill developers for water usage at a rate of four dollars ($4) per one thousand (1,000) gallons.
D. 
Each contractor requesting temporary water use (ninety (90) days or less) is required to use a hydrant meter equipped with a backflow preventer. The Barnegat Township Water and Sewer Utility shall provide such a meter upon request by a contractor. The Township shall charge such contractors a hydrant meter fee of three dollars ($3) per day in addition to charges for water usage. The contractor to whom a hydrant meter is issued will be responsible for the condition of the meter and will be held liable for any damage to the meter while it is in his/her possession.
E. 
While in use, hydrant meters shall be secured by the developer or contractor responsible therefor with lock and chains.
F. 
During winter months, developers and contractors shall remove hydrant meters from the hydrants after each use to prevent freezing damage to the meters.
G. 
The Township shall read hydrant meters used by contractors at the end of the contractor's use of the Township's water system. The Township shall bill contractors for water usage at a rate of four dollars ($4) per one thousand (1,000) gallons.
H. 
The Township shall install a hydrant meter equipped with a backflow preventer at a location designated by the Township for each contractor requesting a tank truck to be filled.
I. 
The Township shall bill contractors using tank trucks for water usage at a rate of four dollars ($4) per one thousand (1,000) gallons.
J. 
Any developer or contractor who violates this section by failing to comply with any of its provisions will be subject to a fine of up to five hundred dollars ($500) per violation.
Each connection required by the Article shall be made in accordance with the ordinances of the Township of Barnegat and the Township Board of Health, as well as the rules and regulations of the Township of Barnegat and the State Uniform Construction Code. The size of the waterline connecting the building with the water distribution line shall be in accordance with the requirements of the Township of Barnegat and the State Uniform Construction Code.
Upon the availability of any waterline to serve buildings on any property in the Township, each owner of property affected thereby shall be notified of that fact by the Township of Barnegat and shall be directed in said notice to connect each building on said property with said waterline in accordance with the terms of this Article.
All notices shall be addressed to the owners of said property as the names of said owners appear in the last tax duplicate of the Township of Barnegat, shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Barnegat and by street address if a street address exists; and shall state that, by order of the Township of Barnegat, the owner is required to connect each building on said property to the waterline, in accordance with the terms of this Article, on or before the connection date with respect to such building or, if such connection date shall have passed, within thirty (30) days of service of such notice as hereinafter provided; and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this Article. Said notice may be served on the owner personally or by leaving it at his usual place of above with a member of his family above the age of eighteen (18) years. Said notice may also be served within or without the limits of the Township of Barnegat by mailing the same, by certified mail, to the last known post office address of said owner as the same appears on the last tax duplicate of the Township of Barnegat.
A. 
Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than one thousand dollars ($1,000.), by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
In addition to the penalties hereinabove provided, if the owner of any property in the Township of Barnegat shall fail or refuse to make any connections or installation required by this Article within the time or times herein provided, the Township of Barnegat may proceed to make such connection or installation or cause the same to be made and assess the cost and charges against such property in accordance with the delinquency provisions of the rules and regulations of the Township of Barnegat as well as pursuant to the appropriate statutory authority.
[Added 12-19-05 by Ord. No. 2005-63; 3-10-14 by Ord. No. 2014-03]
A. 
Common meter irrigation system in the Mirage Development.
(1) 
The meter number for each residential unit shall be connected to the common two (2) inch meter that provides water irrigation to the residential unit.
(2) 
Each residential unit shall be billed for its share of water consumption at the current water usage rate.
(3) 
Responsibility for the installation and maintenance of the common water irrigation system, including the costs associated with installation and maintenance of conservation controls for the system, shall be as established by agreement between the Township of Barnegat and the developer and/or homeowners' association. Copies of the agreement(s) shall be kept on file in the office of the Municipal Clerk and available for public inspection during normal business hours.
(4) 
The irrigation meter fee to be the same as residential 5/8" meter fees.
[Amended 7-5-16 by Ord. No. 2016-15]