[1975 Code § 42-1]
The water and sewer systems of the Borough are hereby combined and consolidated so that the same shall be operated by the Borough as one (1) utility under the name and designation of "Borough of Island Heights Water and Sewer Utility."
[1975 Code § 42-2]
Subject to the provisions of this chapter and of such other ordinances and resolutions as may have been passed or shall be passed by the Governing Body, the Borough Superintendent of Public Works shall exercise general supervision and control and shall be in direct general charge of the water supply system and the sewer system of the Borough, including all physical plants and property therewith.
[1975 Code § 42-3]
All present ordinances and resolutions pertaining to water and sewer rates, services and charges, penalties, etc., shall remain in full force and effect.
[Ord. No. 88-01 § 1]
The Borough water and sewer utilities shall be governed by this section insofar as the furnishing of water and sewerage service, both within and without the Borough.
[Ord. No. 88-01 § 1; Ord. No. 89-13 § 1; Ord. No. 91-06 § 1]
All water and sewer utility charges based on a quarterly billing payable as follows:
1st Quarter: February 15.
2nd Quarter: May 15.
3rd Quarter: August 15.
4th Quarter: November 15.
[Ord. No. 88-01 § 1; amended 7-10-2018 by Ord. No. 2018-10]
Interest shall be charged on delinquent accounts at the rate of 18% per year until paid in full. Additional charges will include the collector's cost, and all unpaid water and sewer charges, along with interest thereon, shall become a lien upon the lands served thereby. The minimum cost for a first-time delinquency charge will be $150. The delinquency charge on the for the second offense is $200. The delinquency charge on the third offense is $500.
[Ord. No. 88-01 § 1; Ord. No. 88-12 § 1; Ord. No. 89-13 § 1; Ord. No. 89-16 § 1; Ord. No. 91-06 § 1; Ord. No. 91-14 § 1; Ord. No. 95-02 § 1; Ord. No. 95-05 § 1; Ord. No. 96-20 § 1; Ord. No. 2004-06 § 1; Ord. No. 2007-07 § 1; Ord. No. 2010-08; Ord. No. 2011-04; Ord. No. 2012-06; Ord. No. 2015-03]
a. 
Rates for Water Service for Third and Fourth Quarter 2015. Rates shall be as follows:
$69 a quarter per unit per 5/8" meter from zero to 7,000 gallons. The rates for larger water service meters per quarter, per unit, per meter from zero to 7,000 gallons are as follows:
Water Meter Size (inches)
Rate Per Meter
1
$72
1 1/2
$75
2
$84
3
$88
Water usage in excess of the basic quarterly allotment shall be charged to the user at a rate of $3.25 for each 1,000 gallons of water used. Water bills will be computed from the water usage from the previous quarter.
b. 
Rates for Water Service for 2016 and beyond shall be as follows:
$46 a quarter per unit per 5/8" meter from zero to 7,000 gallons. The rates for larger water service meters per quarter, per unit, per meter from zero to 7,000 gallons are as follows:
Water Meter Size (inches)
Rate Per Meter
1
$49
1 1/2
$52
2
$61
3
$65
Water usage in excess of the basic quarterly allotment shall be charged to the user at a rate of $3.25 for each 1,000 gallons of water used. Water bills will be computed from the water usage from the previous quarter.
c. 
Rates for Sewer Service. Rates for sewer service shall be as follows:
$105 a quarter per unit for sewer usage from zero to 7,000 gallons of water used. This is a base sewer rate, and is independent of water usage insofar as it will be charged as long as the home is connected to the sewer collection system. Disconnection from the sewer system for over thirty (30) days requires a reconnection fee.
Sewer usage in excess of the basic quarterly allotment shall be charged to the user at a rate of $3.50 for each 1,000 gallons of water used. If a unit is equipped with an irrigation meter, the sewer rate will be based on the water usage of the non-irrigation meter.
d. 
Rates for Irrigation Water Meter Service. Rates for irrigation water service shall be as follows:
$46 a quarter per unit per 5/8" meter from zero to 7,000 gallons for the third and fourth quarters of the billing cycle only. The rates for larger water service meters per quarter, per unit, per meter from zero to 7,000 gallons are as follows:
Water Meter Size (inches)
Rate Per Meter
1
$49
1 1/2
$52
2
$61
3
$65
Water usage in excess of the basic quarterly allotment shall be charged to the user at a rate of $3.25 for each 1,000 gallons of water used.
e. 
A water utility surcharge of $89 per quarter per customer shall take effect upon the adoption of this subsection (June 23, 2015).
[Ord. No. 88-01 § 1]
Any work necessary for the protection of the public, which is also for the specific benefit of any party connected to the water or sewer system and which cannot be done by the property owner's own contractor by reason of an existing emergency, shall be charged to the property owner on a time and material cost to the Borough basis and shall be a water or sewer charge as contemplated.
[Ord. No. 88-01 § 1; Ord. No. 89-13 § 2; Ord. No. 91-06 § 1; Ord. No. 95-02 § 1; Ord. No. 2007-07 § 2]
The Borough shall adopt Rules and Regulations governing fees and applications to connect to the Borough's Water and Sewer System. It is hereby fixed and determined that the following fees and charges shall be paid to this Borough for the indicated items:
a. 
Municipal Water Department.
1. 
Developer Proposed Water Extension.
(a) 
Connection Fee: $800 shall be paid to the Borough for each unit connecting into the water system. A unit is defined as each dwelling accommodation. For other than dwelling units, each estimated 250 gallons per day usage is considered one (1) unit.
(b) 
Preliminary Application Review Fee: 2% of estimated cost of construction.
(c) 
Final Application Review Fee: 2 1/2% of the estimated cost of construction.
(d) 
Inspection Fee: 8% of the estimated cost of construction.
(e) 
If any of the fees above are exceeded during the review or construction phases, additional monies shall be paid by the applicant to cover the actual cost of the services. Monies not used will be returned.
(f) 
Water main extensions for developers are to be constructed by the developer's contractor.
(g) 
Any damage incurred by contractors or developers to the water distribution system will be the responsibility of the contractor/developer. All fees incurred to repair will be charged to the property.
2. 
Individual Property Owners Connecting to Existing Main.
(a) 
Connection Fee: $800 shall be paid to the Borough for each unit connecting into the water system. A unit is defined as each dwelling accommodation. For other than dwelling units, each estimated 250 gallons per day usage is considered one (1) unit.
(b) 
Application Fee: 2% of estimated cost of construction, minimum $50.
(c) 
Service Installation Charge: Work to be done by the Borough Water Department.
(1) 
Three-quarter (3/4") inch service up to fifty (50') feet from main to curb line: $800.
(2) 
Three-quarter (3/4") inch service beyond fifty (50') feet in length: $7 per foot.
(3) 
Each one-fourth (1/4") inch larger than three-quarter (3/4") inch up to fifty (50') feet from main to curb line: $100.
(4) 
Each one-fourth (1/4") inch larger than three-quarter (3/4") inch beyond fifty (50') feet in length: $1 per foot.
(d) 
If any of the fees above are exceeded during the review or construction phases, additional monies shall be paid by the applicant to cover the actual cost of the services. Monies not used will be returned.
Where a property owner, occupant or licensed plumber desires a water shut-off and/or turn-on from the Borough curb stop, a minimum charge of $50 shall be charged and paid. Any damage to the curb stop connection by resident, occupant or contractor shall be the responsibility of the resident, occupant or contractor. All fees incurred to repair will be charged to the property.
b. 
Municipal Sanitary Sewerage Department.
1. 
Developer Proposed Sewer Extension.
(a) 
Connection Fee: $800 shall be paid to the Borough for each unit connecting into the sewer system. A unit is defined as each dwelling accommodation. For other than dwelling units, each estimated 250 gallons of water usage per day is considered one (1) unit.
(b) 
Preliminary Application Review Fee: 2% of estimated cost of construction.
(c) 
Final Application Review Fee: 2 1/2% of the estimated cost of construction.
(d) 
Inspection Fee: 8% of the estimated cost of construction.
(e) 
If any of the fees above are exceeded during the review or construction phases, additional monies shall be paid by the applicant to cover the actual cost of the services. Monies not used will be returned.
(f) 
Sewer collection extensions for developers are to be constructed by the developer's contractor.
2. 
Individual Property Owners Connecting to Existing Sewer Main.
(a) 
Connection Fee: $800 shall be paid to the Borough for each unit connecting into the sewer system. A unit is defined as each dwelling accommodation. For other than dwelling units, each estimated250 gallons of water per day usage is considered one (1) unit. Individual property owners new connections existing main will be constructed by the property owners contractor.
(b) 
Application Fee: 2% of estimated cost of construction, minimum $50.
(c) 
Inspection Fees: 5% of construction cost—minimum $100.
(d) 
If any of the fees above are exceeded during the review or construction phases, additional monies shall be paid by the applicant to cover the actual cost of the services. Monies not used will be returned.
3. 
Any damage incurred by contractors, developers or property owners to the sewage collection system will be the responsibility of the developer/property owner and the contractor. All fees incurred to repair will be charged to the property owner.
[Ord. No. 88-01 § 1; Ord. No. 2010-08 § 2]
All fees charged and fixed and determined herein shall be paid to the Borough of Island Heights. All water and sewer charges shall be due and payable within thirty (30) days of the billing date. In the event that any charges are not paid within thirty (30) days of the billing date, then said charges will be considered delinquent and water and sewer services to the customer having a delinquent account may be discontinued by the Borough upon written notice to the property owner notifying of the proposed discontinuance of service and stating the reasons for the same. Said notice is required by and shall be given in accordance with N.J.S.A. 40A:31-12. Charges on said delinquencies shall be as hereinabove set forth at subsection 16-2.3. In the event of discontinuance of service the reconnection for said water service is hereby established at $800.
[Ord. No. 88-01 § 1]
a. 
All such fees and charges are Borough property and for the sole use and benefit of the municipality. They shall be turned over to the Borough Treasurer promptly after receipt by any other Borough official or employee. The Borough official or employee first receiving any such fee or charge shall give a written receipt from the Borough Treasurer for the same.
b. 
Each department head shall submit a report, in writing, to the Governing Body at least annually as of December 31, and more often when requested by the Governing Body, of all moneys previously received during the then current year pursuant to the provisions of this chapter, including details of names, properties, services and other items.
[Ord. No. 88-01 § 5; Ord. No. 88-13 § 1; Ord. No. 89-09 § 1; Ord. No. 89-13 § 1; Ord. No. 91-14 § 1]
All users of water provided by the Borough shall install water meters to be provided by and owned by the Borough. All costs related to installation of the meter shall be borne by the user and the user shall be responsible for installation of the water meters as follows:
a. 
Water meters shall be installed and inspected for all commercial and business establishments, in public buildings including restaurants, service stations, churches and other business establishments and commercial buildings no later than June 30, 1989. All water meters with respect to residential dwellings shall be installed and inspected on or before June 30, 1989. All meters installed shall be inspected by the Ocean County Plumbing Department and all fees in connection therewith shall be the obligation of the user.
b. 
Failure to comply with paragraph a will result in the following:
1. 
1st month: $25 charge.
2. 
All subsequent months up to three (3) months: $60 each month.
3. 
All subsequent months up to six (6) months: $100 each month.
4. 
After six (6) months of noncompliance the service will be disconnected.
c. 
Water meters shall be read on a quarterly basis on or before the tenth of the month. Readings of water meters shall be subject to the rules and regulations regarding installation, maintenance and reading of the water meters to be defined and established by resolution of the Mayor and Council.
d. 
Every person delegated by the Borough may inspect, pursuant to the Uniform Commercial Code, the premises where water is used, including the water meters. It shall be the responsibility of the property owners or users to protect the water meters installed by the Borough from any damage and freeze-ups. Replacement of damaged meters will be charged to the property owners.
e. 
Irrigation Meter. Where an applicant, property owner or occupant desires an additional water meter to measure the water used solely for an underground irrigation system or an outside hose bib independent of the domestic water system, the meter shall be purchased from the Borough at cost.
The meter shall be installed and inspected as mentioned above. Prior to winterizing the irrigation system, the irrigation meter shall be removed and drained by the property owner, occupant or contractor and reconnected. The Borough shall be notified at least forty-eight (48) hours prior to winterizing the irrigation system each season so that the removal and reinstallation of the irrigation meter can be inspected and sealed. The Borough shall charge a fee of $25 for the Inspection Service.
f. 
Tampering, Violations and Penalties. Any person who alters or tampers with any water meter pursuant to the provisions of this chapter, including alteration of the readings and measurements obtained by the water meters, or who willfully damages any water meter shall upon conviction of a violation thereof be punishable by the penalty stated in Chapter I, Section 1-5. 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.
[1975 Code §§ 118-2—118-5; Ord. No. 99-09 § 1]
a. 
Proclamation of Water Emergency. The Mayor, or during his absence from the municipality, the presiding Officer of the Governing Body, shall have the power to proclaim that a water emergency exists. Such proclamation shall identify that a portion of the borough is affected by a water emergency, which may include the entire Borough, and shall specify which of the water use regulations contained in subsection 16-5.1b of this section is being imposed as well as any exemptions as may be authorized. The Borough shall establish a procedure for notifying the Office of Emergency Management, Island Heights Fire Company, Island Heights Police Department and inhabitants. For the purpose of this section, a water emergency shall exist for any of the following reasons:
1. 
The Borough Superintendent has notified the Mayor that:
(a) 
The water reserves have become so diminished as to constitute a menace or potential menace to the health and safety of the inhabitants of the Borough.
(b) 
The wells or water plant cannot produce water in such quantities, as is necessary to maintain a water reserve sufficient to protect the health and safety of the inhabitants of the Borough.
b. 
Water Use Restriction. Upon proclamation of the Mayor that a water emergency exists in the water service area in accordance with subsection 16-5.1a of this section, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be applicable to all businesses, residents and tenants, except where a bona fide health emergency exists, as specified herein during a water emergency:
1. 
The complete ban and prohibition of outside water usage including the watering of lawns and plants, the filling of pools and the washing of cars and or boats; or
2. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house numbers on even days and those having odd house numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first (31st) day of any month during the water emergency; or
3. 
Any other water use restriction by the Mayor in the proclamation required by subsection 16-5.1a of this section, which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the water service area, which may include the entire water service area, identified as being affected by the water emergency in the proclamation in accordance with subsection 16-5.1a of this chapter.
c. 
Duration of Water Use Restriction. The proclamation shall cease to be effective after the next regular meeting of the Governing Body following the issuance of said proclamation unless said proclamation is confirmed by a majority vote of the Governing Body, in which case said proclamation shall continue in effect until revoked by resolution of the Governing Body or by action of the Mayor based on information of the Borough Superintendent.
d. 
Enforcement of Water Use Restrictions. The Island Heights Police Department, the Island Heights Water Department and the Borough Code Enforcement officer shall enforce the water use restriction imposed pursuant to this section during a water emergency. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning for the first offense and explain the penalties for subsequent offenses as provided in subsection 16-5.1e of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses that have been warned upon a first offense. The local authorized official is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this section.
e. 
Penalties. Any person violating or failing to comply with any other provisions of this section shall upon conviction thereof, be subject to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 2005-21 § 1]
The purpose of this Code section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm water system (MS4) operated by the Borough of Island Heights, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-21 § 1]
For the purposes of this section, the following terms, phrase, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is/are owned or operated by the Borough of Island Heights or other public body, and is designated and used for collecting and conveying stormwater. MS4's do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewerage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivisions of this State subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-21 § 1]
a. 
It shall be unlawful for any person to spill, dump, or otherwise dispose of material other than stormwater to the municipal separate storm sewer system operated by the Borough of Island Heights.
b. 
It is unlawful for any person to spill, dump, or otherwise dispose of materials other than stormwater in such a manner as to cause the discharge of pollutants into the municipal separate storm sewer system.
[Ord. No. 2005-21 § 1]
The following are exempted from the prohibition set forth in subsection 16-6.3:
a. 
Water line flushing and discharges from potable water sources;
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters);
c. 
Air-conditioning condensation (excluding contact and non-contact cooling water);
d. 
Irrigation water (including landscape and lawn watering runoff);
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
f. 
Residential car washing water and residential swimming pool discharges;
g. 
Sidewalk, driveway and street wash water;
h. 
Flows from firefighting activities; or
i. 
Flows from rinsing of the following with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g. shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2005-21 § 1]
This Code section shall be enforced by the Police Department of the Borough of Island Heights, as well as the Code Official of the Borough of Island Heights, and/or his designee, and the Zoning Official of the Borough of Island Heights, and/or his official designee.
[Ord. No. 2005-21 § 1]
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable for the penalty stated in Chapter I, Section 1-5 of this Code.
[Ord. No. 2005-23 § I]
The purpose of this Code section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Island Heights, so as to protect the public health, safety, and welfare, and to proscribe penalties for failure to comply.
[Ord. No. 2005-23 § I]
For the purposes of this section, the following terms, phrase, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.
DOMESTIC SEWAGE
Waste and wastewater from human or household operations.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Island Heights, or other public entity, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General permit (NJDES Permit Number NJO141852). Nonphysical connections may include, but are not limited to, leaks, flows, and/or overflows into the municipal storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), and/or (c) of the Federal Clear Water Act (33 U.S.C. § 1317(a), (b), and/or (c).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is/are owned or operated by the Borough of Island Heights or other public body, and is designated and used for collecting and conveying stormwater. MS4's do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewerage at all times and to collect and transport stormwater from streets and other sources.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules as set forth in N.J.A.C. 7:14A, et seq.
NON-CONTACT COOLING WATER
Water used to reduce temperature for the purposes of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. However, non-contact cooling water may contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivisions of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediated product, finished product, by-product, or waste product. Process wastewater included, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-23 § I]
a. 
It shall be unlawful, and a violation of this section, for any person to discharge, release, or otherwise cause the discharge or release of any domestic sewerage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) through an illicit connection to the municipal separate storm sewer system operated by the Borough of Island Heights or other public entity.
b. 
Each day following the issuance of any summons or citation for a violation of this section shall constitute a continuing violation, regardless of whether a new summons or citation has been issued.
[Ord. No. 2005-23 § I]
This Code section shall be enforced by the Police Department of the Borough of Island Heights, as well as the Code Official of the Borough of Island Heights, and/or his designee, and the Zoning Official of the Borough of Island Heights, and/or his official designee.
[Ord. No. 2005-23 § I]
a. 
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable for the penalty stated in Chapter I, Section 1-5 of this Code.
b. 
Each day following the issuance of any summons or citation for a violation of this section shall constitute a continuing violation, regardless of whether a new summons or citation has been issued, and any person who has violated this section of the Code may be subject to imposition of a penalty under paragraph a of this subsection for each additional day in violation.