[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 2-5-37 as Ord. No. 1-37. Amended in its entirety 12-26-72 by Ord. No. 25-72; 9-25-12 by Ord. No. 15-12.]
For the purpose of this ordinance, the terms used herein are defined as follows:
SERVICE LINE CONNECTION
A line used to supply a single unit or dwelling.
MAIN
A line used to supply water to more than a single unit or dwelling.
The Chief Financial Officer of the Borough shall be the water agent.
A. 
Application procedure.
(1) 
All applications for the use of water or for a service connection shall be on forms to be provided at the office of the Department and made by the owner of the premises or by his duly authorized agent, the fee for which shall be payable in advance. Tapping connection is to be made by the applicant and inspected by the Water Department prior to backfilling. Failure to call for the inspection as required in section 94-3B may require the applicant to reopen the excavation at their expense for the inspection to be made.
(2) 
Two (2) or more dwelling units, or non-residential establishments shall not be supplied from a single service line without the capability of the Borough being able to shut off the water at a curb stop for each individual unit or establishment If more than one unit or establishment is to be serviced by one service line connection to the main the Borough will require the owner of the property to supply a certification from a licensed engineer that the diameter of the service line is adequate to supply the intended use.
(3) 
If it is found that two or more dwelling units or non-residential establishments are supplied from one single service line and the Borough cannot effectuate a shut off to one without impacting others, the property owner will be required to come into compliance with section 94-3A(2) at anytime a certificate of occupancy or certificate of continued occupancy is issued.
B. 
Installation.
(1) 
No person or persons, firm or firms, corporation or corporations, shall connect into the water supply and distribution facilities of the Borough of Waldwick except after having made application in accordance with the provisions of section 94-3A of this ordinance. No person, other than a duly authorized agent of the Waldwick Water Department, is permitted to turn water on or off at the curb stop.
(2) 
No connection of the service line shall be made with the distribution system, nor shall any alteration, addition or extension be made in or to any service line nor any device for drawing water be attached thereto, except in the manner approved by the Department. The completed line shall remain open until inspected and approved by the Water Department. At least twenty-four (24) hours' notice should be given the Water Department for the purpose of inspecting and approving the work.
(3) 
Installation of the service line from the curb stop, or repair work thereon, shall be performed by a licensed plumber at the expense of the applicant. All service connection pipe shall be installed at least four (4) feet below the surface and three (3) feet from any sewer or gas facility.
(4) 
A building connection must be supplied by the owner and shall be in copper tubing not lighter than Class "K" and in proper condition to withstand at any time the pressure put upon the main when all waterways are closed and not in use.
(5) 
The owner shall be responsible for the maintenance of the service line from the curb to the meter or interior of the building, and shall keep the same in good repair and protected from damage due to frost or other causes. All leaks in the service line shall be reported promptly to the Water Department and repaired by the owner. The owner shall be liable for water escaping from such leaks at a charge to be estimated by the Water Department based upon the estimated quantity of water escaping. If repairs are not so made, the Water Department may shut off the water and may refuse to turn it on again until the line is put in serviceable condition.
(6) 
The Department shall not permit any cross connections between private water supplies and the Waldwick public water system.
A. 
The Borough Council may by resolution, whenever in its judgment necessity shall exist, restrict the use of water to certain hours, days or areas of the Borough and upon the passing of such resolution and notice thereof, it shall be unlawful to use any water in such areas for the restricted purposes except during such periods. In the event of any emergency, the power to restrict the use of water may be exercised by the Mayor subject to confirmation at the next regular meeting of the Borough Council.
B. 
Water service may be discontinued upon such notice as shall be reasonable or practicable for any of the following reasons:
1. 
For the use of water for any properties or purposes other than those permitted in this ordinance or described in the application.
2. 
For the willful waste of water through improper, defective or imperfect pipes, fixtures or otherwise.
3. 
For failure to maintain, in good order, connections, service lines or fixtures owned by the consumer.
4. 
For molesting or tampering with any service pipe, meter, curb stop or seal, or any other appliance of the Water Department.
5. 
Refusal of access at reasonable hours for purposes of inspecting or installing, reading, maintaining fixtures, pipes and meters.
6. 
For nonpayment of bills, rents, charges or fees or for penalties imposed or for any other reason causing or tending to cause a loss to the Water Department.
7. 
For misrepresentation in the application for water service respecting the property to be served or the fixtures to be supplied or the use to be made of the water.
8. 
At the discretion of the Water Department when the premises become vacant.
C. 
Service shall be renewed under a proper application after payment of a turn-on charge when the conditions under which service was discontinued are corrected, and upon the payment of all charges owed to the Department.
D. 
The Water Department shall have the right to shut off water service without notice, in the case of technical defects or for other unavoidable causes or for the purpose of making necessary repairs, connections or other alterations to the water distribution system.
E. 
Neither the Water Department nor the Borough of Waldwick shall be held liable for any damage which may be claimed due to the failure of any restriction of the water supplied or from low or high pressure or damage due to water quality.
F. 
When requested by the owner or his agent, the Water Department shall discontinue service to a property either temporarily or permanently. A turn-on charge shall be levied when service is restored but in no event shall water be turned on until all water charges have been paid.
G. 
When turning on the water supply as requested and the house or property is vacant, the Water Department shall not be required to accomplish the same unless in the presence of the occupant or owner. If such is found to be the case, the water will be left shut off at the curb stop. The Water Department's responsibility ends at the curb stop and the Water Department will in no case be liable for damages occasioned by water running from open or faulty fixtures or from broken or damaged pipes beyond the Water Department's curb stop.
H. 
Where connections are abandoned the property owner of the premises or applicant shall pay for having the same shut off and plugged at the curb stop or corporation stop or at the option of the Water Department before a new connection will be installed to said premises.
I. 
All repairs from the main to and including the curb stop shall be made by and at the expense of the Department, unless such repair is due to the action of the property owner or his agent, servant or employee, in which case it will be made at the expense of the property owner.
J. 
All pipes, meters and fixtures shall be subject at reasonable hours to inspection by employees of the Department, property identified. No water fixture shall be considered cut off until it is disconnected so that it cannot be used again or until sealed in a manner satisfactory to the Department.
K. 
If a service call is requested by a property owner or his agent during other than normal working hours a charge shall be leveled against the property owner for the service call, except where the Department finds that there is an actual defect in facilities maintained by the Water Department resulting in a condition requiring immediate attention.
L. 
No property owner or user shall use or consume more than one million three hundred thousand (1,300,000) gallons of water from the Waldwick public water supply system during any monthly period unless the Borough Council shall consent to such additional consumption by a resolution after determining that such use will not adversely affect the public welfare by impairing the continuance of adequate water supply, pressure, maintenance, etc. Such consent, if given, may be revoked at any time when, in the opinion of the Borough Council, it is necessary to do so to protect the public welfare.
A. 
All permanent connections hereinafter made shall be metered, except connections used exclusively for fire-protection purposes, and the use of water without a meter makes the property owner liable for an amount of water consumed as estimated by the Department in addition to any penalties imposed under this ordinance.
B. 
The Department shall furnish each customer supplied with water on a measured scale with an up to one-inch meter and with the appropriate couplings and shall keep the same in repair. If the meter is misused or damaged by frost, hot water or external causes, the expense of repair must be borne by the customer. If larger than a one-inch meter is required, the applicant will furnish the larger meter at their own cost. The meter is to meet Water Department specification. The Water Department reserves the right to inspect and test these meters for accuracy and working order, the cost of such measurement to be borne by customer. If repairs are necessary, they must be made within thirty (30) days by the customer.
[Amended 5-28-13 by Ord. No. 8-13]
C. 
The location provided by a property owner for a water meter shall be as near as possible to the point of entrance of the service and shall be reasonably accessible for reading and maintenance purposes and shall be such as to offer adequate protection against damage to the meter. All meters shall be installed in the cellars of buildings, and if no cellars are under said building, then an accessible location on the first floor. Stop and drain valves shall be provided by the property owner on each side of and directly adjacent to the meter yoke. No fixture of any kind from which water might be drawn shall be placed on the street side of the meter. The meter shall not be installed unless the location and facilities provided for said meter meet the approval of the Department.
D. 
All current customers shall be required to have a radio read metering device. The type and location of any such device shall meet the approval of the Water Department before being installed and the property owner is subject to the fees contained in Chapter 48:94-7 for the installation of said device.
E. 
New customers are required to have a radio read metering device. The type and location of any such device shall meet the approval of the Water Department before being installed and the property owner is subject to the fees contained in Chapter 48:94-7 for the installation of said device.
F. 
No person, except an employee of the Department, shall connect, disconnect, repair, adjust or tamper in any way with a water meter.
G. 
Failure of a meter to register properly shall be reported immediately in writing to the Water Department. Charges for water during the period of failure shall be computed on the basis of an average consumption over a reasonable period prior to the failure.
H. 
Upon request of a customer, the Department will make a test of the accuracy of the meter. If it is found to register more than one hundred three percent (103%) of the water passed or less than ninety-seven percent (97%) of full capacity, there shall be no charge for removing, repairing and resetting the meter. If, however, a request for a test is made more often than once a year and the meter is found to be accurate within the above-stated limit, a charge of forty dollars ($40) shall be made for the removal, testing and resetting. The Water Department shall have the right to make periodical tests of any or all meters at no cost to the customer.
I. 
Upon the request of a customer to discontinue service and have the account established with a new customer, the Water Department shall determine whether a radio read meter has been installed, and a new service account shall not be opened until a radio read meter device is installed.
J. 
A customer may opt out of having a radio read meter installed on their property provided:
[Amended 08-27-13 by Ord. No. 12-13]
1. 
That the structure has a meter that is able to be read from the exterior of that structure; and
2. 
That the Borough Water Department has a written request from the customer acknowledging that by opting out of having the radio read meter installed that they accept that they will be charged the prevailing opt-out fee as determined by Borough ordinance.
A. 
Bills for service and water shall be rendered quarterly.
B. 
Estimated bills rendered under this clause shall indicate the fact that the same are estimated. The Water Agent may also use this procedure of billing on alternative quarters as may be determined by the Water Agent.
C. 
Property owners shall be held responsible for all charges accruing for water service until written notice has been given to the Water Agent to discontinue the service.
D. 
If a bill remains unpaid for a period of over sixty (60) days after mailing or presentation, notice shall be served on or mailed to the customer that unless the bill is paid within seven (7) days from the date of such notice the water supply shall be discontinued. When the water is turned off under such conditions, it shall remain off until the amount owing is paid in full, or until arrangements for payment, satisfactory to the Water Agent, have been made.
E. 
The owner or owners of any store, house, building, buildings or premises shall be and are liable for the payment of the water supply, service charges and interest charges. The failure to pay for such water supply, service charge and interest charge shall constitute and become a lien upon such store, house, building, buildings or premises until such charges have been paid and satisfied.
F. 
All complaints with regard to the service furnished or the reading of the meters or of the bills rendered shall be made to the Water Agent, in writing.
See Chapter 48:94-7.
See Chapter 48:94-8.
A. 
Application for water to be used for building construction or other special purposes, except on a lot or premises already supplied with water by meter, shall be made by the property owner or his authorized agent on blanks furnished for that purpose.
B. 
Water will be furnished for construction purposes, and charges shall be made at the option of the Water Department on a flat rate or a metered rate basis.
See Chapter 48:94-10.
See Chapter 48:94-11.
A. 
No person, unless authorized by the Department, shall take water from any public fire hydrant or hose plug except for fire purposes or for the use of the Fire Department, and no public fire hydrant shall be used for sprinkling the streets, flushing sewers or gutters or for any other purpose than fire purposes without a permit from the Department.
B. 
Upon application to the Department, authorization may be secured for the purpose of filling a swimming pool from a fire hydrant, the fee for which shall be payable in advance.
C. 
No person, firm or corporation shall fill in around any fire hydrant, allow any accumulation around the same or in any other manner interfere with the proper and immediate access to the same for fire protection purposes.
D. 
The Chief or Chiefs of the fire company and their assistant officers are authorized to use the public fire hydrants for the purpose of extinguishing fires and also with due care after notice to the Water Dept., to a reasonable extent to use water for the purpose of drills and tests, and washing fire equipment, but all such uses shall be under the supervision and direction of the Chief or Chiefs or their assistant officers and in no event shall an inexperienced or incompetent person be permitted to manipulate or control in any way any fire hydrant.
See Chapter 48:94-13.
A. 
All extensions to the mains of the Borough of Waldwick are to be made in accordance with the site plan approved by either the Waldwick Planning Board or Waldwick Board of Adjustment. The developer will be required to extend the mains, install the service connections, curb boxes and lateral connections and any other appurtenances to their development at their cost.
B. 
The Water Supervisor shall approve the type, size and location of all mains, hydrants, booster stations, pressure tanks, service lines, curb stops, curb boxes and valves.
C. 
The entire extension is subject to inspection and approval by the Water Dept. and is to be tested under the Water Dept.'s supervision before back filling.
D. 
Prior to any acceptance, it shall be necessary for the applicant extending said water system as herein provided, to submit to the Water Dept. a detailed map indicating the location of the extended facilities including all surface controls as well as depth of subsurface lines and controls by acceptable engineering detailed drawings.
E. 
When within streets or public property such extensions meet with the approval of the Water Department and are accepted by the Borough Council, the ownership thereof shall be transferred to the Borough of Waldwick.
Nothing in the above ordinance shall preclude improvements, repair or extensions of the public water system to be assessed in whole or part as local improvements in accordance with the applicable state statutes.
When not contrary to the public interests and when, owing to special conditions or by reason of other extraordinary and exceptional situation, strict application of the provisions of this ordinance shall result in peculiar and exceptional difficulties or exceptional and undue hardship, the Borough Council may by resolution grant a variance from such strict application so as to relieve such difficulties or hardship.
A. 
See Chapter 1:14.1.
B. 
If any section, term or provision of this ordinance shall be adjudged invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining terms and provisions thereof.
C. 
Where two (2) or more customers are supplied through a single service line, any violation of the rules of the Water Department with reference to either or any of said customers, as the case may be, shall be deemed a violation as to all, and the Water Department shall take such action as could be taken if it were used by a single customer.