Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: N.J.S.A. 40:62-47 et seq. governs municipal supply of water. N.J.S.A. 40:63-1 et seq. governs municipal sewers.
[Ord. No. 508; 1972 Code § 16-1.1; Ord. No. 8-04; Ord. No. 18-04]
As used in this chapter:
APPLICANT or CUSTOMER
The applicant for water or sewer service at a residential or commercial dwelling, whether customer shall be an owner, lessee, tenant or purchaser, and who enters into an agreement thereof for the connection to a Borough water or sewer line.
COMMERCIAL
Each and every nonresidential structure located within the Borough of Keyport including, but not limited to, retail establishments, stores, offices, professional offices, warehouses, storage facilities, manufacturing facilities, light industrial units, food establishments, taverns, nightclubs, religious house, service station, auto repair establishment, marina or any additional building or structure not intended to house a family or household in living quarters.
DWELLING UNIT or UNIT
Shall be a measurement used to determine residential and nonresidential fees based upon the total number of units or in the case of commercial based upon projected flows as defined herein.
FIRE SUPPRESSION SYSTEM or SPRINKLER SYSTEM
The installation of a dedicated line connected to the Borough's potable water system which shall be used exclusively for the installation and service of a fire suppression system or sprinkler system designed to extinguish or contain fires within the appropriate structure, which may be of any type, wet or dry, as may be approved for the structure.
MAIN
The Borough-owned or leased piping and appurtenances, in or along public highways or streets, or along privately owned rights-of-way, used in the transmission or delivery of water to its customers or for the collection of wastewater through a sanitary sewer line.
MULTI-FAMILY
A structure or building occupied or intended for occupancy as separate dwelling units for three or more families with direct access from the outside through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit as further defined in § 25-1-3. Multi-family shall be specifically construed to include apartments, garden apartments, boardinghomes, condominiums, cooperatives, hotels or any other type of rental or individually owned properties consisting of three or more units.
PROOF OF FIRE SUPPRESSION OR SPRINKLER SYSTEM
A copy of the plans, diagrams, schematic or other blueprint which identifies and depicts the proposed fire suppression or sprinkler system to be installed. The within plans, diagrams, schematics or the blueprint shall be delivered to the Construction Official for his review and inspection prior to installation. Applicant shall comply with any and all recommendations of the Construction Official and shall pay all fees due in accordance with this schedule.
RESIDENTIAL HOME
One- or two-family detached home(s) intended for occupancy as separate living quarters exclusively for one family or household, in the case of a one-family home or intended for occupancy as separate living quarters for two separate families or two separate households, in the case of a two-family home as further defined in § 25-1-3.
SECOND CONNECTION OR ADDITIONAL CONNECTION
The connection of the dedicated line for fire suppression or sprinkler system to the Borough's potable water system which shall be in addition to the primary connection for the delivery of water to the individual unit. The second connection shall be for fire suppression only and not for the delivery of water for consumption at the individual unit. Each unit must have a primary connection for the delivery of water for consumption or use before a second or additional connection shall be permitted.
TOWNHOUSES
A structure containing three or more dwelling units each separated by a vertical interior unpierced common walls as defined in § 25-1-3.
[Ord. No. 508; 1972 Code § 16-1.2]
Water service connections shall be made upon written application signed at the Borough Hall by the property owner, or his properly authorized agent. Water service shall be furnished, upon written application signed by the property owners or tenant. Blank forms for all applications prepared for their respective services, shall be furnished by the Borough, and all applications must receive the approval of the Borough before connection is made.
No application for service shall be accepted by the Borough until the applicant has paid, or made satisfactory arrangements to pay, all arrears and charges due by the applicant at any premises now or heretofore occupied by him.
The accepted application shall constitute a contract between the Borough and the applicant, obliging the applicant to pay to the Borough its rates as established, and to comply with its rules and regulations.
Applications for service connections shall be accepted, subject to there being existing mains in streets or rights-of-way abutting the premises to be served, and a written opinion from the Borough Engineer that the existing water supply and storage facilities are adequate to service the additional demand for water usage.
When a prospective customer has made application for a new service, or has applied for the reinstatement of an existing service, it is assumed that the piping and fixtures on the applicant's premises are in good condition, and the Borough will not be liable in any event, for any accident, breaks, or leakage arising in any way in connection with the supply of water or failure to supply same, or the freezing of water pipes or fixtures of the customers, nor for any damage to the property which may result from the usage of water supplied to the premises.
A new application must be made and approved by the Borough, upon any change in ownership of the property when the owner is the customer, or in any tenancy where the tenant is the customer, or in the service, as described in the application, and the Borough shall have the right, upon five days' notice, to discontinue the water supply until such new application has been made and approved. Although property may be occupied or leased to a tenant and the tenant may have paid the water bills, the owner of the property is responsible for payment of any water bills not paid by the tenant.
Industrial and commercial establishments making application for water service, in addition to making written application for such services, shall furnish a detailed description of the type and size of buildings, the nature of the business to be conducted in each structure, the number and type of fixtures to be served. Such applicants shall also furnish the Borough four copies of the plans showing:
a. 
The boundaries of the property.
b. 
The location within the property of the structures to be served.
c. 
The location and profile, with respect to finished grade, of the services.
d. 
Details of the proposed connections to the water systems, and arrangements and details of meter installations.
[Ord. No. 508; 1972 Code § 16-1.3]
Service shall be renewed under proper application, when the conditions under which service was discontinued are corrected, and upon the payment of all charges provided in the schedule of rates, or rules of the Borough. Where a water connection has been previously installed and service is desired, a proper application shall be signed by the owner and tenant.
[Ord. No. 508; 1972 Code § 16-1.4; repealed by Ord. No. 4-90]
[Ord. No. 508; 1972 Code § 16-1.5; Ord. No. 32-89]
a. 
By customers. All agreements covering water supply service shall continue in force, unless and until receipt of reasonable notice in writing of a desire to terminate the contract. Water service to any premises will be terminated upon the written order of the applicant, without in any way affecting the existing agreement for service.
b. 
By Borough. Service may be discontinued for any of the following reasons:
1. 
Misrepresentation in application.
2. 
Willful waste of water through improper or imperfect pipes, fixtures, or otherwise.
3. 
Use of water for any other property or purpose than that described in the application.
4. 
Molesting any service pipe, meter, curb stop-clock or seals, or any other appliance of the Borough.
5. 
Vacancy.
6. 
Neglecting to make or renew deposits, or for non-payment of any charge accruing under the application.
7. 
Refusal of reasonable access to the property for purposes of inspecting or for reading, caring for, or removing meters.
8. 
Making, or refusing to sever, any cross connection between a pipe or fixture carrying water furnished by the Borough, and a pipe or fixture carrying water from any other source.
9. 
Violation of any rules of the Borough.
c. 
Turn off without authority. The customer shall not turn the water on or off at any corporation stop, curb stop, or meter valve; or disconnect or remove the meter, or permit its disconnection or removal without the written consent of the Borough.
d. 
Due to emergency. As necessity may arise in the event of breakdown, emergency, or for any other unavoidable cause, the Borough shall have the right to cut off the water supply temporarily in order to make necessary repairs, connections, etc., but the Borough will use all reasonable and practical measures to notify the customer of such discontinuance of service. In such case, the Borough shall not be liable for any damage or inconvenience experienced by the customer; or any claim against it at any time for interruption in service, lessening of the supply, inadequate pressure, poor quality of water, or for any causes beyond its control. When the supply of water is to be temporarily interrupted, notice will be given, when practicable, to all customers affected by the temporary interruption of service stating the probable duration of the interruption and also the purpose of the interruption.
e. 
Reserve supply. The Borough shall have the right to reserve a sufficient supply of water at all times in storage, to provide for fire and other emergencies, or may restrict or regulate the quantity of water used by the customer in case of scarcity, or whenever the public welfare may so require.
f. 
Renewal of service after discontinuance. Service shall be renewed, under a proper application, when the conditions under which service was discontinued have been corrected, and upon the payment of all proper charges or amounts provided in the schedule of rates or rules of the Borough, due from the applicant.
[Ord. No. 508; 1972 Code § 16-1.6]
It is agreed by the parties receiving public fire service, private fire service, or any other service, that the Borough does not assume any liability as insurer of property or person, and that the Borough does not guarantee any special service, pressure, capacity, or facility, other than is permitted by the ordinary and changing operating conditions of the Borough, as the same exists from day to day. It is agreed, by the parties receiving service, that the Borough shall be free and exempt from any and all claims for injury to any persons or property by reason of fire, water, failure to supply water pressure or capacity.
[Ord. No. 508; Ord. No. 568; 1972 Code § 16-1.7; Ord. No. 32-89; Ord. No. 4-90; Ord. No. 7-90; Ord. No. 2-99; Ord. No. 26-06; Ord. No. 6A-09]
a. 
Place of payment. Bills are payable at any office or pay agency of the Borough.
b. 
Bills rendered and due. Regular meter readings shall be made quarterly and bills shall be rendered as soon as practicable after the reading of the respective meters. In the case of fire service, bills shall be rendered on or about the first days of January, April, July and October, for service during the preceding three months. All bills are due and payable on presentation or delivery.
c. 
Delinquent bills; termination of service due to nonpayment. On or before April 1 of each year, the Utility Collector will send out thirty-day notice letters to any property owner (if the mailing address is out of town, a letter will also be sent in c/o tenant) that has a delinquent water/sewer account balance of $50 up to and including the January water/sewer bill. The letter will advise of the amount due, plus interest, the last date by which the Borough will accept personal checks and a final date of payment before termination will occur. The Utility Collector, about 15 days after the initial mailing, will send out a second and final letter. After the office closes on the final date listed in the letter, the Utility Collector will compile a list of unpaid accounts and transmit it to the Department of Public Works to start shutoffs the next business morning. Once the list is transmitted, an on/off fee of $100 will be charged whether the service has been terminated or not since the date for payment has passed and the Department of Public Works is out doing shutoffs. If service is terminated, it shall not be restored until the delinquent amount, including the April billing, interest as set by New Jersey Statute, turn-off fee of $50, turn-on fee of $50 and, if applicable, meter pull fee $100, is paid in full in cash, money order, certified check or cashier's check. A check issued by a bank that is drawn on a resident's account and that is not certified, such as those issued to the Borough through an online bill payment system, will not be accepted. If any check used to pay an account that has received a notice for termination is returned by the bank for any reason, there will be no further notice. The Department of Public Works will be contacted to terminate service of said account. If service is terminated on any account, it shall not be restored until the entire amount due on the account, any additional interest that may have accrued, turn-off fee of $50, turn-on fee of $50 and, if applicable, meter pull fee of $100, and a $20 return check charge as per N.J.S.A. 40:5-18c is paid in full in cash, money order, certified check or cashier's check. A check issued by a bank that is drawn on a resident's account and that is not certified, such as those issued to the Borough through an online bill payment system, will not be accepted. If any water account is turned on by anyone other than the Department of Public Works the Utility Collector will file charges with the Keyport Police Department for theft of service under N.J.S.A. 2C:20-8.
[Amended 6-9-2015 by Ord. No. 13-15]
d. 
Abatement. No abatement on meter bills shall be made for leaks or for water wasted by damaged fixtures.
e. 
Extraordinary increase in water use due to leak or other occurrence. In the event that a water and sewer bill reflects an extraordinary increase in water usage for the relative quarter and, therefore, an increase in cost due to a leak or other unusual occurrence, a customer may enter into an agreement with the Tax Collector to pay for same in installments as shall be determined by the Tax Collector. The agreement will not negate the placement of a municipal lien against the property as set forth in paragraph c. herein. Such an agreement will be conditioned on the prompt payment of all other taxes, assessments and municipal liens for the current year. In the event that any such installment payment or any new taxes, assessments or other liens are not promptly paid, i.e., within 30 days after the date due, the agreement is void and the lien will be enforced pursuant to law, including through the sale of the property. If an installment payment made in furtherance of an agreement entered into pursuant to this paragraph is made within the tenth calendar day following the date upon which the installment became payable, no interest will be charged. If an installment payment is made after the 10th calendar day following the date upon which the installment became payable, interest will be charged at the rate set forth by the Borough of Keyport for all delinquent payments as required by law.
f. 
Extraordinary increase in billing due to the inside meter and the outside register mismatch. Any property owner who has a mismatch between the inside meter reading and the outside register reading will be issued a catch-up bill based on the inside meter reading. The bill will be calculated based on current billing rates. A reduction of the usage will be given for any billing quarters from second quarter 2006 forward where the usage was below the 450 cubic foot minimum. For example, if a quarter's usage is 310 cubic feet then a reduction would be given of 140 cubic feet on the catch up consumption. A cap on the amount of the catch up bill will be set at $750 per unit. At that time the new touchpad meter system will be installed which eliminates the mismatch issue. This paragraph is retroactive for catch up bills from 2007 to the date this paragraph is adopted (adopted September 1, 2009).
[Ord. No. 508; 1972 Code § 16-1.8]
a. 
General provisions.
1. 
A bona fide customer, as referred to in succeeding paragraphs hereafter, shall be a customer of permanent and established character, exclusive of the real estate developer or builder, who receives service at a premises improved with structures of a permanent nature.
2. 
Any facilities installed under the provisions of this section shall be the sole property of the Borough.
3. 
The size, type, quality of materials, and their location shall be specified by the Borough, and the actual construction shall be done by the Borough, or by a constructing agency acceptable to it.
4. 
Adjustment of any difference between the estimated cost and the reasonable actual cost of any main extension made hereunder, shall be made within 60 days after the actual cost of the installation has been ascertained by the Borough.
5. 
In the case of disagreement or dispute with respect to the application of any provision of this rule, or in circumstances where the application of the rule appears impracticable or unjust to either party, the Borough, applicant or applicants may refer the matter to the Borough Engineer, or to a properly qualified independent consultant engineer for settlement, whose decision shall be final and conclusive on all parties in interest.
6. 
Extensions for fire hydrant service, private fire protection service, and temporary service shall not be made under this rule.
7. 
The Borough shall not be required to make extensions where grades have not been brought to those established by public authority.
8. 
Where the property of the applicant is located adjacent to a street or highway exceeding 70 feet in width, or a freeway, waterway, a railroad right-of-way, the Borough may elect to install a main extension on the same side thereof as the property of the applicant and the estimated cost in such case shall be based on such an extension.
b. 
Extensions to serve individuals. The Borough shall extend its mains to serve new bona fide customers, at its own expense, other than to serve subdivisions, tracts, housing projects, industrial developments or organized service districts, when the required total length of main extension from the nearest existing distribution main is not in excess of 65 feet per service connection of each type. If the total length of main extension of each or either type is in excess of 65 feet per service connection applied for, the applicant or applicants for such service shall be required to advance to the Borough, before construction is commenced, that portion of the reasonable estimated cost of such extension, over and above the estimated reasonable cost of 65 feet of the main extension per service connection, exclusive of the cost of service connections and meters, and exclusive of the cost of increasing the size or capacity of the Borough's existing mains or any other facilities used or necessary for supplying the proposed extension. Such estimated reasonable cost shall not be based upon the cost of a water main in excess of six inches in diameter, except where required by the special needs of the applicant or applicants.
c. 
Extension to serve subdivisions, tracts, housing projects, industrial developments or organized service districts. An applicant for a main extension to serve a new subdivision tract, housing project, industrial development or organized service district, shall be required to advance to the Borough, before construction is commenced, the estimated reasonable cost of installation of the mains, from the nearest existing main at least equal in size to the main required to serve the development, including necessary service stubs or service pipelines, fittings, valves and housings, and including public fire hydrants, when requested by the applicant or required by public authority, exclusive of meters.
If additional facilities are required specifically to provide pressure or storage, the cost of these facilities may be included in the advance.
[Ord. No. 508; Ord. No. 568; 1972 Code § 16-1.9; Ord. No. 18-78; Ord. No. 9-79; Ord. No. 32-89; Ord. No. 4-90; Ord. No. 29-02]
a. 
Turn on Charge. When water has been turned off from any premises because of violation of the Borough's rules or for nonpayment of a bill, a charge of $50 payable in advance shall be made for turning on the water during normal business hours. A charge of $100, payable in advance shall be made for turning on the water during nonbusiness hours, weekends and holidays. A $40 charge shall be made for turning on the water for an original connection, except to domestic house meters (sizes 5/8 inches by 3/4 inches) for which this charge is included in the fee established in subsection 14-1.12a.
b. 
Complaints. Complaints with respect to the character of the service furnished, or the reading of the meters, or of the bills rendered, must be made at the Borough Hall, either orally or in writing, and a record of such complaint shall be kept by the Borough, noting the name and address of the complainant, the date, the nature of the complaint and the remedy.
c. 
Reasonable Access. The properly identified authorized agents of the Borough shall have the right of access to the premises served, at all reasonable hours, for the purposes of reading meters, examining fixtures and pipes, observing the manner of using water, and for any other purpose which is proper and necessary in the conduct of the Borough's business.
d. 
Prohibited Acts. No plumber, owner, tenant or other unauthorized person shall turn the water on or off at any corporation stop, curb stop, or meter valve, or disconnect or remove the meter without the written consent of the Borough.
e. 
No Oral Agreements. No agent or employee of the Borough has authorization to bind it by any promise, agreement or representation not provided for in this section. The Borough reserves the right to change, take from or add to the foregoing rules and regulations.
f. 
Damage Claims.
1. 
In all contracts for general or special water service, it is expressly understood and agreed that no claims shall be made against the Borough, for damage to life or property, by reason of the breakage of any service pipe, water fixture meter or appliance within the customer's premises, unless caused by the negligence of the Borough or its employees, nor for any damage done due to the failure of the water supply for any cause beyond the Borough's control.
2. 
All consumers having boilers upon their premises, depending upon the pressure of the water in the Borough's pipes to keep them supplied, are cautioned against danger of collapse, and all such damage must be borne exclusively by the consumer.
3. 
No water shall be furnished to any premises where any possibility exists of the mingling of the water furnished by the Borough with water from any other source, nor shall the Borough permit its mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus containing liquids, chemical or any other matter which may flow back into the Borough's service pipes or mains, and consequently endanger the water supply.
[Ord. No. 508; 1972 Code § 16-1.10; Ord. No. 11-82; Ord. No. 39-87]
a. 
Customer Service Line. The customer shall make connections to the Borough mains. The customer shall furnish, install and maintain all service lines to and including curb stop and box, which shall be placed inside the curbline; or alternately to a meter pit which will be located inside the property lines; all of which service lines shall be the sole property of the Borough, and shall not be trespassed on or interfered with in any respect. The applicant shall pay a connection charge for each connection as set forth in subsection 14-1.15. The connection charge shall be paid at the time of application for the service connection. The customer shall also post with the Borough Clerk a performance guarantee and inspection fee in amounts to be determined by the Borough Engineer. The performance guarantee and inspection fee must be filed with the Borough Clerk prior to the issuance of any approval for service connection. The customer shall notify the Borough Engineer in writing at least five business days prior to the commencement of work on the service connection as to when the work will be performed. The customer shall install all service lines in an orderly and workmanlike fashion, to the specifications of the Borough Engineer. The customer shall be responsible for the cost of restoration of any sidewalk, streets, or curbs.
b. 
Size and Kind of Service Line. The Borough reserves the right to determine the size and kind of service line from the main to the curb stop, or meter pit, and from the curb stop or meter pit to the property to be served. Type K copper, flared, underground-type, shall be used throughout for services up to and including three inches in diameter. For larger services, cast iron pipe meeting A.W.W.A. standards for Class 200 water pipe shall be used. The pipe from the curb stop, or meter pit, to the property shall be furnished, installed and maintained by the owner of the property; shall be laid in a straight line at right angles to the curb line, within the building limits of structures to be served, and shall be at least four feet below the surface of the ground, when final grading of the property has been completed. If a customer wishes a connection of a larger size service line from the main to the curb stop or meter pit than the Borough considers necessary, he shall pay the difference in cost between the larger size line and the size deemed necessary by the Borough.
c. 
Separate Trench. No service pipe shall be laid in the same trench with gas pipe, drain or sewer pipe, or any other facility of any public service company, nor within three feet of any open excavation, vault, cesspool, or septic tank; nor shall the location be in conflict with any sidewalk or driveway running at right angles to the front of the building.
d. 
Renewal of Service Lines. Where the renewal of the service line from the main to the curb stop, or meter pit, is found to be necessary, the Borough shall renew the service in the same location as previously used. If the property owner or customer, for his own convenience, desires the new service line at some other location, and agrees to pay all expenses of relocation, in excess of the cost of laying the service line in the same location as previously used, and cutting off and disconnecting the old service line, the Borough shall lay the new service line at the location desired.
e. 
Maintenance by Customer. All connections, service lines and fixtures furnished by the customer shall be maintained by him in good order, and all valves, meters and appliances furnished and owned by the Borough, and on the property of the customer, shall be protected properly and cared for by the customer. All leaks in the service or any other pipe or fixture in or upon the premises supplied, must be repaired immediately by the owner or occupant of the premises. The customer shall be responsible for notifying the Borough of the party engaged by the customer to do any maintenance work on the customer's service line, prior to work being commenced, and that party shall not backfill any trench until the work has been inspected and approved by the Borough's representative. Any work not acceptable shall be immediately removed and replaced by work which is acceptable.
f. 
Borough Not Responsible. The Borough shall in no event be responsible for maintaining any portion of the service line owned by the customer, or for damage done by water escaping therefrom; or from lines or fixtures on the customer's property. The customer shall at all times comply with applicable municipal regulations, make required changes of grade, relocation of mains, or otherwise.
g. 
Property Supplied by Single Service Line. A single service line from the curb stop, or meter pit, to a property shall not supply more than one property, as generally described and classified below; but any such property, upon proper application of the owner, may be supplied by two or more meters, each of which, for billing purposes, shall be considered as being one customer account, viz:
1. 
A dwelling house, either detached, or one side of a double house, or a house in a row of houses; provided that a garage, a conservatory and similar structures accessory to the life of one family shall be considered as a portion of the dwelling.
2. 
An industrial, or commercial manufacturing establishment.
3. 
A building separated from adjacent buildings by a party-wall or party-walls, and comprising apartments or stores or offices or any combination thereof.
4. 
A detached building comprising apartments or stores or offices, or any combination thereof.
h. 
Single Service Line with Two or More Customers. Where two or more customers are supplied through a single service line, any violation of the rules of the Borough, with respect to either or any of the customers, shall be deemed a violation as to all, and unless the violation is corrected after reasonable notice, the Borough may take such action as can be taken for a single customer, except that such action shall not be taken until an innocent customer, who has not violated the Borough rules, has been given a reasonable opportunity to attach his pipe to a separately controlled service connection.
[Ord. No. 508; 1972 Code § 16-1.11]
A supply of water for building or other special purposes, except on a lot or premises already supplied with a meter water connection, must be specially applied for. All applications for water for building purposes, when water is not supplied through a meter at meter rates, must be signed by the owner or his duly authorized agent, and shall be interpreted to mean that the water is to be used from a builder's hydrant, and shall not be introduced into any of the house fixtures.
[Ord. No. 508; 1972 Code § 16-1.12; Ord. No. 27-84; Ord. No. 34-84; Ord. No. 39-87; Ord. No. 4-90; Ord. No. 13-06; Ord. No. 21-07]
a. 
Furnished by Borough. All water meters shall be furnished and installed by the Borough and shall remain the property of and under the control of the Borough and shall be accessible. The charge to the customer for the water meter shall be $100 per meter for residential customers requiring lateral of 3/4 inch or less in diameter. Charges for installation of meters for larger connections shall be determined by the Borough at the time of application for service. Except for water meters for one or two family residential dwellings, the Borough, instead of furnishing the water meters, may require the applicant to furnish water meters meeting specifications provided by the Borough. If the Borough so requires the applicant to furnish the water meters, the Borough shall install same and the applicant will be charged for the cost of installation only, and not charged for the cost of the water meter furnished by applicant.
b. 
All Water Services To Be Metered. Each water service from curb stop, or meter pit, to a property shall be metered. The Borough reserves the right to determine the size and location of the meter.
c. 
Location. After the applicant has provided space for the meter, which shall be readily accessible, and shall provide proper protection for the meter, and has had the plumbing arranged to receive the meter, at a convenient point approved by the Borough, and so positioned as to meter and control the entire supply, the Borough shall have the meter set. In cases where it is not practical to place the meter within a building, a brick, concrete or other approved meter box or pit, fitted with a suitable and approved type of iron cover, shall be built inside the property line by the customer. The size and dimensions of the pit or box shall be approved by the Borough, and shall provide adequate access to the meter and permit its ready installation or removal.
d. 
Valves required. A wheel handled round way stopcock or gate valve shall be placed by the customer on the service line directly ahead of the meter, and a stop and waste-cock or valve on the outlet side of the meter. A suitable and approved check valve shall be placed by the customer, between the stop and waste-cock or valve and the meter. When a check valve is installed, a safety valve shall be inserted at some convenient point in the house piping, to relieve excess pressure due to heating water.
e. 
Responsibility for Damage. Meters and appurtenances shall be maintained by the Borough, as far as ordinary wear and tear are concerned; but damage resulting from freezing, hot water, or external causes due to the negligence of the customer, shall be paid for by the customer.
f. 
Cost of Reinstallation. The customer shall pay a charge for the reinstallation or changing of a meter when removed because of damage in any way due to the negligence of the customer. The charge shall be $40 for any meter regardless of size which charge shall include testing of the repaired meter.
g. 
Minimum Charge. Each meter shall be installed subject to a fixed minimum quarterly charge in accordance with the adopted rate schedule for which certain quantities of water shall be furnished without additional charge. Such minimum shall be nonabatable for nonusers of water, and noncumulative against subsequent consumption. In the event a property is sold or a tenant vacates the premises, the customer will be billed a prorated bill up to, and including, the date of the final reading.
h. 
Borough to Be Notified When Meter Not Working. The customer shall immediately notify the Borough of damage to or nonworking of the meter, as soon as known by the customer.
i. 
Registered Conclusive. The quantity recorded by the meter shall be conclusive on both the customer and the Borough, except when the meter has been found to be registering inaccurately, or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter when in proper working order.
j. 
Dispute Account. In the event of a disputed account involving the accuracy of a meter, the meter shall be tested upon the request of the customer, in conformity with the provisions of this section. If when so tested, the meter is found to have an error in registration of 4% or more, the bills shall be increased or decreased correspondingly.
k. 
Request Tests. When a meter is removed, after installation, at the request of the customer, for testing, the following rules shall apply:
The Borough shall, upon a written request of a customer, and if so desired in his presence or that of his authorized representative, make a test of the accuracy of his meter. When a customer desires, either personally or through a representative, to witness the testing of a meter, he may require the meter to be sealed in his presence before removal which seal shall not be broken until the test is made in his presence. If the meter so tested shall be found to be accurate within the limits herein specified, a fee determined from the schedule indicated below shall be paid to the Borough by the customer requiring such test, but if not so found, then the cost thereof shall be borne by the Borough. When making such request, the customer shall agree to the basis of payment herein specified.
Water meters shall be tested at two gallons per minute in order to arrive at a percentage of accuracy.
A report of such test shall be made to the customer and a complete record of such test shall be kept by the Borough. The amount of the fee shall be $35 for each water service meter having an outlet not exceeding one inch. For other water service meters having an outlet exceeding one inch, the test fee shall be $50 per meter, plus actual fees paid by the Borough to the company performing such tests for the Borough.
[Ord. No. 508; 1972 Code § 16-1.13]
a. 
Hydrant Location; Maintenance. Upon written instructions from the duly authorized officials of any municipality supplied by the Borough, the Borough at its own cost and expense, shall install a standard fire hydrant, provided that the size of the existing street main and surrounding distribution system and the available pressure at the street main is, in the judgment of the Borough, sufficient to enable the giving of proper service at the fire hydrant, under normal and ordinary conditions. All fire hydrants shall be maintained by the Borough.
b. 
Allowable Uses. Only persons authorized by the Borough shall take water from any public fire hydrant, except for fire purposes, or for use of the Fire Department in case of fire. No public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters, or for any other than fire purposes, except with the written approval and consent of the Borough.
c. 
Change of Location. No one shall be permitted to change the location of any fire hydrant without written approval from the Borough. The cost of relocation, if permitted, shall be at the sole cost of the requesting party.
[Ord. No. 508; 1972 Code § 16-1.14; Ord. No. 18-04]
a. 
Fire Suppression, Sprinkler System and Hydrants. For fire suppression systems, sprinkler systems or other automatic fire suppression devices or systems located inside commercial or residential structures, a second or additional connection dedicated exclusively for fire suppression or sprinkler system shall be required. This second or additional dedicated connection for fire suppression or sprinkler system shall be made directly to the Borough's potable water supply. Each separate service line shall be metered and shall be subject to charges shown on the within rates schedules. The Borough reserves the right to refuse approval for an application to connect a second or additional line for fire suppression where, in the judgment of the Borough, such service is not practical.
b. 
Ownership and Location. Meters for private fire suppression or sprinkler systems shall be furnished and installed by the Borough or its designated agent. Meters shall be set in approved locations according to specifications on the premises of the applicant. Each location shall have a minimum of one connection for general water consumption in addition to the dedicated line for fire suppression.
c. 
Private Unmetered Fire Service. When, in the judgment of the Borough, it is practical, private unmetered fire service lines may be permitted to be installed at the expense of the owner. In such cases the applicant shall pay to the Borough the estimated cost of the fire hydrant installation prior to installation, and the appropriate adjusting payment shall be made by the owner, or by the Borough, after the actual costs have been determined. In no event, however, shall unmetered fire service be introduced into a building.
[Ord. No. 504; Ord. No. 568; 1972 Code § 16-1.15; Ord. No. 18-78; Ord. No. 10-80; Ord. No. 20-80; Ord. No. 28-81; Ord. No. 5-82; Ord. No. 11-82; Ord. No. 2A-83; Ord. No. 28-84; Ord. No. 24-86; Ord. No. 39-87; Ord. No. 4-90; Ord. No. 8-90; Ord. No. 11-90; Ord. No. 35-91; Ord. No. 36-91; Ord. No. 2-98; Ord. No. 36-03; Ord. No. 8-04; Ord. No. 18-04; Ord. No. 27-06]
SCHEDULE I
METER SERVICE
Minimum Quarterly Charges for Water Service
a.
The minimum quarterly water charge for all one-family residential dwelling or unit is $45.75 per quarter, with a minimum allowance of 450 cubic feet of water.
b.
The minimum quarterly charge for multi-unit residential or multi-unit commercial or a combination of the 2 classes of users, serviced through a single water meter, shall be determined by the product of the number of units by the minimum quarterly charge for a 5/8 inch meter for all residential users and further by the product of the number of units by the minimum quarterly charge for the actual size of the meter for all commercial users as established in this rate schedule. The maximum water allowance will be determined in the same manner using an allowance of 450 cubic feet per residential unit and an allowance as per this rate schedule per commercial unit as determined by the actual size of the meter. If there exists a combination of the aforementioned 2 classes of users, add the total of the products arrived from the above calculations.
c.
All other classes of users will be subject to the following minimum quarterly charges in accordance with their applicable service meter size:
Quarterly Minimum Water Charge
Meter Size
Water Allowance (CF)
Rates
5/8"
450
$45.75
3/4"
900
$88.00
1"
1,350
$133.50
1 1/4"
1,800
$179.50
1 1/2"
2,250
$221.50
2"
4,500
$443.00
3"
6,750
$668.00
4"
9,000
$889.50
6"
18,000
$1,777.50
8"
27,000
$2,672.00
Excess Water Consumption. Consumption in excess of the water allowance for the minimum quarterly charge for each applicable meter size shall be based upon the following:
First 2,500 C.F.
$28.25 per 1,000 C.F.
Over 2,500 C.F.
$25 per 1,000 C.F.
d.
All minimum quarterly charges shall apply for any quarter or fraction thereof, without proration, in the event the customer does not utilize the service for any entire quarterly period.
e.
The quarterly charge for any water meter installed to measure water not discharged into the sanitary sewer system shall be at 50% of the quarterly minimum water charge for the size of the meter utilized and shall be in addition to the foregoing.
f.
The rates for the quarterly minimum water charge shall be effective retroactive to and including January 1, 1990. The rates for excess consumption shall take effect on the second water meter reading in 1990 retroactive to the date of the first water meter reading of 1990.
g.
Marina Pump-Out Facilities. In the event that a marina within the Borough installs a boat pump-out facility on the premises, there shall be an annual flat fee of $180 for same. Said fee is in addition to any initial fees paid by the marina for the right to connect directly or indirectly to the Borough's system or other charges for water service and shall not include any fees for application, review and inspection of work to be accomplished by the applicant in keeping with the Borough's rules and regulations and/or State rules or regulations pertaining to same.
h.
Exemptions from Quarterly Charge. Those residential or commercial properties who install a second or additional connection dedicated for a fire suppression or sprinkler system shall be exempt from the minimum quarter charges as set forth in Schedule I c. for the second or additional connection used solely for fire suppression purposes. The residential and commercial properties will be obligated to pay all excess water consumption charges in accordance with Schedule I d.
i.
Manual meter reading charge. In the event that a residential or commercial property requires a manual meter reading because their meter has not been replaced with a radio read meter, there shall be a $100 charge for each manual read.
[Added 7-5-2016 by Ord. No. 13-16]
SCHEDULE II
FIRE SERVICE
Private Fire Service
Rate Per Annum
For each private fire hydrant not connected to a metered service line
$150
For 2-inch connection
$200
For 4-inch connection
$400
For 6-inch connection
$700
For 8-inch connection
$1,000
Public Fire Service
Rate Per Annum
For each fire hydrant
$150
Private fire hydrants relying upon a private water supply are exempt from the annual charge. In addition to the above, user shall pay for water consumed on all private fire service metered connections at the rates established above for excess water consumption (Schedule I), for any amounts of water used within any quarter in excess of the amount of water that would be allowed within the minimum charge (see Schedule I, paragraph c above).
SCHEDULE III
WATER FOR BUILDING PURPOSES
The use of water for building purposes and the construction directly in connection therewith by the builder, contractor or agent shall be metered at a hydrant to be determined by the Borough. The user shall pay a $40 installation cost plus a deposit for the meter at the time of application to the Borough. The charge for water usage shall thereafter be made on the basis of Schedule I - Meter Service.
SCHEDULE IV
CONNECTION FEES
[Amended 7-19-2016 by Ord. No. 14-16]
The initial fees for the right to connect to the Borough's potable water system shall include a connection fee or charge per unit for the cost of connection as illustrated below. These connection fees or charges do not diminish or replace any other fees, charges or costs which may be due to the Borough, including but not limited to, review and inspection of work relative to the connection to insure compliance with all state and municipal codes or any charges by any other entity or agency having authority relative to the connection. These fees shall apply to all connections whether direct, indirect, separate or shared.
For each new unit, whether created by new construction or conversion or addition to an existing structure or change of use, there is established a water connection fee as set forth herein, For units involving new construction, the connection fees, charges or costs shall be paid before the connection is made; inspection fees shall be estimated and adjusted upon completion. Changes that increase the total number of units shall pay additional connection charges for each unit prior to the issuance of a Certificate of Occupancy in accordance with the within schedule. Each residential unit shall be charged for each single family living accommodation or dwelling unit per connection. A customer seeking to connect to the water system shall pay the following connection fees:
• Water connection fee for a residential dwelling unit shall be $1,830.
• Water connection fee for a nonresidential use shall be $1,830 per equivalent unit (EU).
• Connection fees for an expansion or change of use shall be reduced by the maximum equivalent units of the existing use determined to be in legal existence within the previous five years subject to the review and approval by the Borough Engineer.
For all nonresidential uses, an equivalent unit (EU) shall mean a projected average daily water consumption of 300 gallons per day. The projected average daily water consumption shall be calculated utilizing the projected average daily water demand as established by the NJDEP's Safe Drinking Water Rules and will be subject to the review and approval by the Borough Engineer.
Connection fees which are one-time initial service charges for the right to connect are deemed an integral part of the Borough's rate schedule. The balance of charges in Schedule I to III are annual supplemental charges necessary to maintain, improve and operate the Borough's potable water system.
In instances where a water line must be installed from the water main, or other location, to the curb and/or a curb shutoff box installed, the applicant shall be charged 125% of the Borough's total actual cost of installation plus the cost of the meter. If this work is performed by the applicant or his agent, an inspection fee of $110 per inspection hour, with a minimum of 2 hours shall be applied. When water and sewer lines are run at the same time, only 1 minimum for inspection shall be applicable.
Should the foregoing connection fee create a hardship, application can be made to Mayor and Council for a time payment.
SCHEDULE V
CONNECTION FEES FOR FIRE SUPPRESSION OR SPRINKLER SYSTEMS
[Amended 7-19-2016 by Ord. No. 14-16]
There shall be no separate connection fee for the installation of a water line dedicated to a fire suppression or sprinkler system.
[Ord. No. 15-88]
a. 
The use of public water from the Borough's water system for lawn or garden sprinkling or watering, swimming pool filling or car washing is permitted throughout the Borough only on alternating days as follows:
1. 
Properties with addresses ending in an odd number shall be permitted to use public water for the aforementioned purposes only on odd numbered days of the month.
2. 
Properties with addresses ending in an even number shall be permitted to use public water for the aforementioned purposes only on even numbered days of the month.
3. 
Property addresses ending in a fraction or a letter shall be deemed to have an even numbered address.
4. 
Property owned by a condominium association shall be deemed to have an odd numbered address.
5. 
No property owner shall be permitted to use public water for the aforementioned purposes on the 31st day of any month.
b. 
In the event of an emergency requiring further restriction on public water usage in the Borough, the Mayor shall have the authority to declare an emergency and to prohibit the use of public water for lawn and garden sprinkling or watering, swimming pool filling, or car washing.
c. 
Any violation of this subsection shall be punishable by a fine not to exceed $100 or imprisonment not to exceed 10 days, or both, as determined at the discretion of the Court, and each separate day of the violation shall constitute a separate offense.
d. 
The Mayor and Council may waive the restrictions for a particular property owner if these restrictions shall impose an unreasonable hardship upon that property owner.
[Ord. No. 27-81]
The system of sanitary sewers and drains, sewage disposal works and appurtenant structures, works and fixtures relating thereto, and all extensions and improvements thereof hereafter made thereto (herein called the sewer system) including therein that which is owned and operated and also that which is controlled and operated by the Borough, shall hereafter be operated, maintained, managed and controlled by the Borough as a publicly owned or operated utility or enterprise of the Borough within the meaning and for the purposes of the Local Bond Law (N.J.S.A. 40:1-1 et seq) and the Local Budget Law (N.J.S.A. 40:2-1 et seq) and all amendments thereof and supplements thereto and all other provisions of other laws applicable.
[Ord. No. 27-81]
The sewer and the water utilities and systems of the Borough shall be consolidated and shall be operated as one utility under and by the Borough.
[Ord. No. 27-81]
All moneys and revenues derived from the operation of the sewer and water system shall be kept in a separate fund, designated "Utility Fund" and shall be applied and accounted for in accordance with the Local Budget Law.
[Ord. No. 27-81; Ord. No. 4-82; Ord. No. 10-82; Ord. No. 3A-83; Ord. No. 12-84; Ord. No. 5-85; Ord. No. 32-89; Ord. No. 4-90; Ord. No. 8-90; Ord. No. 11-90; Ord. No. 25-94]
The Mayor and Council of the Borough by separate resolution shall impose a sewer rental charge for the use, operation, maintenance, and construction of the sewer system within the geographical limits of the sewer area of the Borough upon the owners and leaseholders of the properties within the limits of the sewer area and serve thereby at the rates established. In the event that no rate resolution is passed, the existing rates shall continue in effect.
The Borough hereby establishes a user charge system based upon past experience for operation and maintenance costs. "Operation and maintenance costs" shall mean the costs of the total operation of the Borough system, including replacements based on the previous complete year costs, as further defined in the annual audit. The following charges and rents for connection with and the use and services of the sewer system are hereby fixed and prescribed for each building or structure or a group of buildings or structures which may have a single connection with the sewer system (herein called the premises) and the Borough shall charge same to the owner and the owner shall pay such to the Borough quarterly:
a. 
Premises for which the water used thereon is supplied entirely by the public water supply system owned and operated by the Borough, the charges and rents shall be 150% of the water charges of the Borough for the premises for the preceding quarter;
b. 
Premises for which the water used thereon is supplied partly by the public water supply system owned and operated by the Borough and partly from other sources, the charges and rents shall be 150% of the water charges of the Borough for these premises for the preceding quarter and 150% of the amount which the Borough would have charged for the water supplied from other sources for the preceding quarter if it had been supplied by the Borough and used in the fixtures, apparatus and facilities connected with the sewer system;
c. 
Inspections; Entry. The Superintendent of Public Works or his authorized designate of the Borough or any persons designated by Mayor or Borough Council for that purpose may, at all reasonable hours, enter the premises of any sewer service user for the purposes of inspecting any water or sewer connection or service equipment.
d. 
Premises Served by Water from Other Sources.
1. 
Houses, buildings, stores, premises, and apartment/condo units being served by their own water source (i.e. wells) but being connected to the sewer system shall have their respective sources properly metered by the Borough Department of Public Works Water and Sewer Division and shall pay the sewage rates determined by the meter and provided for in this Chapter.
2. 
Other Cases. The sewer rental in all cases not provided or covered by this subsection and where the use of property is other than as permitted by the Zoning Ordinance of the Borough where a special use permit is required or for any industrial use which produces a waste material discharge in the sewer system shall be established by the Borough by separate contract in such amount as would be proportionate to its use of this waste sewer system.
e. 
Premises for which the water used thereon is supplied by other sources than the public water supply system owned and operated by the Borough, the charges and rents shall be 150% of the amount which the Borough would have charged for the water supplied from other sources for the preceding quarter if it had been supplied by the Borough, and used in the fixtures, apparatus and facilities connected with the sewer system;
When above paragraphs b and c shall apply, the owner of the premises shall arrange the water supply from sources other than the public water system of the Borough connected with the sewer system in such a manner that it can be metered, purchase the required meter or meters from the Borough for this purpose, maintain them together with the Borough seals thereon unbroken, and permit representatives of the Borough to read the meter or meters and inspect the entire installation at such times during the usual business hours of the day as the representatives of the Borough desire to do so.
f. 
The wastewater contributions, costs of operation and maintenance, and the user charge schedule will be reviewed and revised as deemed necessary for proper operation and conformance with Title 40, Part 35. 929-2(b) of the Federal Code, and shall be published for the users of Borough's system before December 31 of each year.
Any significant infiltration or inflow discovered and quantified within the system or treatment works of the B.R.S.A. shall be distributed among the various classes of users and shall be included in the charges set forth in this Chapter.
An independent audit of the liabilities and revenues of this Borough will be posted in Borough Hall in substantiation of user charges by December 31 of each year.
Subject to provisions herein for surcharges for industrial users, the charges and rates prescribed herein shall apply as a single rate for all users, same to be directly related to the water consumption discharged by each user into the system. Water used solely as an ingredient in the manufacture of a product such as perfume, ice or beverage making and such water is metered separately by the Water Department, is exempt from this subsection.
g. 
Surcharges. The Borough hereby establishes a schedule of surcharges for industrial users. The surcharges may be amended in accordance with State and Federal guidelines and as experience, including such factors as flow, construction costs, and maintenance and operation and operating costs require.
These charges shall include the costs associated with compliance with the New Jersey Department of Environmental Protection pretreatment program and Section 405 of the Clean Water Act.
The annual operation and maintenance costs of the Borough (as established by B.R.S.A.) attributable to each parameter are contained in the audit.
For the purposes of this subsection, the term "average" with respect to the concentration of a particular parameter shall be the arithmetic mean of all values determined from analysis of effluent samples from an industrial user during a calendar month.
Monthly surcharges to industrial users for sewage concentrations in excess of an average of 250 mg/l for five-day Biochemical Oxygen Demand and Total Suspended Solids will be calculated in accordance with Formula No. 2 below. The yearly industrial surcharge for sewage concentrations in excess of 250 mg/l shall be the sum of the 12 monthly surcharges.
The surcharge rate for five-day Biochemical Oxygen Demand and Total Suspended Solids shall be calculated in accordance with Formula No. 1 below.
Formula No. 1:
Sp = __________
YP __________
__________
(8.34)
(365)
(Q)
(Cp)
Where:
Sp
=
Surcharge rate for Parameter P in $ per pound
and:
YP
=
Annual operating and maintenance costs to the Borough as determined by BRSA associated with parameter P in dollars per year
Q
=
Average daily influent flow to the BRSA Sewage Treatment Facility from the Borough of Keyport in million gallons per day.
P
=
BOD5, Total Suspended Solids.
Cp
=
Average daily influent concentration of Parameter P in milligrams per liter.
8.34
=
Conversion factor, milligrams per liter to pounds per million gallons.
Formula No. 2:
Monthly Industrial Surcharge = (Sp) (QIND) (CpIND-250) (8.34)
Where:
Monthly Industrial Surcharge is in $
and:
Ap
=
Surcharge rate for Parameter P in $ per pound as determined by Formula No. 1 (above).
QIND
=
Total monthly flow from each industry under consideration in millions of gallons.
CpIND
=
Average discharge concentrations of Parameter P in milligram per liter from each industry under consideration.
8.34
=
Conversion factor, milligrams per liter to pounds per million gallons.
The total yearly surcharge to an industrial user will be the sum of all monthly surcharges, calculated in accordance with Formulas No. 1 and 2 above.
h. 
Any industrial user may, subject to approval by the Borough, install an adequate metering system so as to determine the amount of water used that is not discharged in the Borough's sanitary sewer system which shall then be excluded from sewer charges and rents. In the alternative, an industrial user may, subject to the approval of the Borough Engineer, install an adequate metering system so as to determine the amount of water that is discharged into the Borough's sanitary sewer system and same shall be included in the sewer charges and rents but all other water utilized but not discharged into the sanitary sewer system shall be excluded from the sewer charges and rents. All such industrial installations shall be subject to inspection upon installation and biannually thereafter, to confirm compliance with this section at a fee payable to the Borough as a part of the sewer charges and rents of $300 for each such inspection. The charge shall be assessed and payable after each inspection.
i. 
In the event any user shall suffer a broken pipe or similar malfunction that shall cause an abnormal usage of water that is not discharged in the Borough's sanitary sewer system, the user may submit an application to the Mayor and Council for an exclusion for the abnormal usage from sewer charges and rents. The application shall be referred to the Superintendent of Public Works for investigation and verification and he shall then report his findings to the Mayor and Council. The Mayor and Council shall then consider the application and the report of the Superintendent of Public Works. After making any other inquiries or taking such action as it may deem prudent, the Mayor and Council, if then satisfied that there was a broken pipe or similar malfunction, may determine the amount of water abnormally used that was not discharged in the Borough's sanitary sewer system and grant an exclusion for such amount from the sewer charges and rents.
j. 
(Reserved)
k. 
New Sewer Connections. There shall be a charge for new sewer lateral connections/tap into a collection main of the sewer system as indicated above, and such service shall be considered as new when property has not been connected or paying for services during preceding year or part thereof.
[Ord. No. 27-81]
The quarterly periods shall be on a calendar year basis with the first quarter in any year commencing on January 1, the second quarter on April 1, the third quarter on July 1, and the fourth and final quarter on October 1.
[Ord. No. 27-81]
These rates shall be effective for the first quarter of 1982 and shall be in lieu of and in substitution for any other sewer charges made by any other agency for such quarter or any succeeding period.
[Ord. No. 27-81; Ord. No. 32-89]
Bills for the charges and rents shall be rendered to the owner of each premises quarterly as soon as may be practicable after the beginning of each quarter and may be rendered with bills for water supplied to premises by the public water supply system of the Borough. For the purposes only of N.J.S.A. 40:63-8, the charges and rents shall become due and payable upon presentation or delivery and if not paid within 10 days thereafter shall be classed as delinquent.
[Ord. No. 27-81; Ord. No. 4-90]
The charges and rents shall draw interest and be a lien upon the premises until paid, and the Borough shall have and exercise the remedies for the collection thereof with interest, costs and penalties provided in Section 40:63-8 of the New Jersey Statutes Annotated. If such charges and rents in respect of any premises shall not be paid in full with interest and penalties within 60 days after the date when the charges and rents become due, the supply of water to all of the premises by the Borough shall be turned off forthwith and shall not be resumed until the charges and rents with all interest and penalties are paid in full to the Borough and until a further fee of $40 shall be paid to the Borough for turning on the water, and if the charges, rents, interest, penalties and fee shall not be paid in full within 30 days after the supply of water shall have been turned off, the connection between the premises and the sewer system may be cut off and the connection shall not be restored until all such charges, rents, interest, penalties and fee are paid in full to the Borough and until a further fee of $300 shall be paid to the Borough restoring the connection.
[Ord. No. 27-81]
Each owner of premises located on streets in which sewers are available shall connect all sewerage facilities on the premises to the sewer system immediately upon such sewerage facilities becoming available and use the sewerage facilities at all times for sewage disposal therefrom.
[Ord. No. 27-81]
No alteration or repair to any part of the sewer system or any connection thereto shall be made except by duly authorized representatives or employees of the Borough without application for such having been made to the Borough and approved and upon compliance with the rules and regulations of the Borough relating thereto.
[Ord. No. 27-81; Ord. No. 32-89; Ord. No. 4-90; Ord. No. 7-90; Ord. No. 10-91; Ord. No. 8-04; Ord. No. 27-06; amended 7-19-2016 by Ord. No. 14-16]
In all streets where there are main sewers and no lateral connections from the main sewer to the curb, the customer will install a connection from the main sewer to the curb line and shall pay a connection fee. The initial fee for the right to connect to the Borough's sanitary sewer system shall include a connection fee or charge per unit, together with the cost of the sewer line as illustrated below. These fees, charges and costs do not diminish or replace any other fees, charges or costs which may be due to the Borough, including, but not limited to, review and inspection of work relative to the connection to insure compliance with all State and municipal codes or any charges by any other entity or agency having authority relative to the connection. These fees shall apply to all connections whether direct, indirect, separate or shared.
For each new unit, whether created by new construction or conversion or addition to an existing structure or change of use, there is established a sewer connection fee as set forth herein. For units involving new construction, the connection fees, charges or costs shall be paid before the connection is made; inspection fees shall be estimated and adjusted upon completion. Changes that increase the total number of units shall pay additional connection charges for each unit prior to the issuance of a Certificate of Occupancy in accordance with the within schedule. Each residential unit shall be charged for each single family living accommodation or dwelling unit per connection. A customer seeking to connect to the sanitary sewer shall pay the following connection fees in accordance with the following schedule:
a. 
Sanitary sewer connection fee for a residential dwelling unit shall be $1,262.
b. 
Sanitary sewer connection fee for a nonresidential use shall be $1,262 per equivalent unit (EU).
c. 
Connection fees for an expansion or change of use shall be reduced by the maximum equivalent units of the existing use determined to be in legal existence within the previous five years subject to the review and approval by the Borough Engineer.
Commercial, Industrial and All Other Nonresidential Uses:
For all nonresidential uses, an equivalent unit (EU) shall mean a projected average daily sanitary sewer flow of 300 gallons per day. The projected average daily sanitary sewer flow shall be calculated utilizing the projected flow criteria as established by the NJDEP's Technical Requirements for Treatment Works Approval Applications and will be subject to the review and approval by the Borough Engineer.
In instances where a sanitary sewer line must be installed from the sewer main, or other location, to the curb, the applicant shall be charged 125% of the Borough's total actual cost of installation. If this work is performed by the applicant or his agent, an inspection fee of $110 per inspection hour, with a minimum of two hours shall be applied. When water and sewer lines are run at the same time, only one minimum for inspection shall be applicable.
Should the foregoing connection fee create a hardship, application can be made to Mayor and Council for a time payment
(Any sewer pipe over six inches in diameter shall be classified as a sewer main and the construction of sewer mains will be treated as a sewer extension)
[Ord. No. 27-81; Ord. No. 32-89]
No cellar drains, no roof leaders, no sump pump or down spouts, no garbage or refuse disposal units shall be connected to the sewer system. (Garbage disposals are allowed to be connected provided used for grinding of food waste only and water flush operated.)
[Ord. No. 27-81]
No chemical waste, fuel oil, grease, plaster, corrosive or obstructive material, or any other matter injurious to the sewer system or its operation shall be discharged into the sewer system.
[Ord. No. 27-81]
The owner of any premises who shall not within six months of the beginning of any billing quarter receive a bill for charges or rents shall within 30 days thereafter report that fact to the Borough Collector for sewer charges and rents.
[Ord. No. 12-84]
The sanitary sewer system shall be operated at all times in a manner consistent and in compliance with the requirements of Appendix B Subpart E, Part 35, Title 40 of the Federal Code.
[Ord. No. 12-84]
User classifications are not required. The charges to all customers are based on water consumption.
[Ord. No. 27-81; Ord. No. 32-89]
Any person who shall fail to comply with or violate the provisions of subsections 14-2.9, 14-2.10, 14-2.12, 14-2.13 and 14-2.14 of this Chapter shall, upon conviction, be liable to the penalty stated in Section 1-5 of Chapter I.
[Ord. No. 32-89]
Any sewer shall be capped before there is any demolition of property, or immediately after the designated fire inspector determined that the premises are no longer occupied by human beings due to fire damage.
[Ord. No. 4-90]
No demolition of property which requires capping water or sewer lines shall be commenced unless the owner of the property or his designated agent shall first obtain a permit for such demolition. The charge for such permit shall be $75 for a natural gas, electric or telephone utility company and $300 for all other persons.
[Ord. No. 1-90]
Excluded from charges and rents shall be any water that may be furnished through separate meter, located on the owner's premises beyond the point of the water meter serving the premises and on a water line used solely for lawn sprinkling, car washing, the filling of swimming pools, and other similar purposes including an industrial commercial use, provided that the water so used is not discharged in the Borough's sanitary sewer system. The quantity of water so used and not discharged into the Borough's sewers must be measured by a separate meter installed by the Borough as otherwise provided for all other water meters, except that their installation charge for such a separate meter up to and including 5/8 inch size shall be $100 and no deposit shall be required for same. In the event a meter larger than 5/8 inch size is installed, the charge for same shall be based upon the cost to the Borough for said meter which shall be determined and certified by the Superintendent of Public Works. There shall be a fixed quarterly charge for the use of said meter in accordance with the adopted rate schedule of water rates for such meters.
[Ord. No. 1-90; Ord. No. 4-08]
Any customer having a swimming pool upon premises served by the Borough water supply and not utilizing a separate meter as provided in subsection 14-3.1, may apply for a permit to fill the swimming pool with water. Thereafter, upon certification by the Superintendent of Public Works as to the size of the pool, that it has been filled after the granting of such a permit, and the amount of water used to fill the pool, such amount of water shall be deducted from the calculation of sewer charges and rents on the next bill to be rendered by the Borough for said premises. All applications for such permits shall be made to and upon forms supplied by the Collector of Water and Sewer Utility Rents and shall be processed upon payment of a fee of $15 for each permit. To be eligible for such deduction, the customer shall not fill the pool until after same has been inspected by the Superintendent of Public Works.
[Ord. No. 18-05]
a. 
Purpose. The purpose of this subsection is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Keyport, so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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 directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Borough of Keyport or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain or snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewer or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Keyport is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated ground water (e.g. infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities including the washing of firefighting vehicles.
9. 
Vehicle and equipment washwater from municipal operations pursuant to Part I, Section F.8.e of the Borough's Tier A Municipal Stormwater General Permit.
10. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
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.
e. 
Enforcement. This section shall be enforced by the Police Department and Board of Health of the Borough of Keyport.
f. 
Penalties. Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in Section 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.
[Ord. No. 16-05]
a. 
Purpose. The purpose of this subsection is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Keyport, so as to protect the public health, safety and welfare and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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 directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Any physical or non-physical 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 Keyport, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Discharge Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to leaks, flows or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including but not limited to those pollutants regulated under Section 307(a), (b) or (c) of the Federal Clean Water Act (33 U.S.C. Subsection 1317(a), (b) or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Borough of Keyport or other public body and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however 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 subdivision 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, intermediate product, finished product, byproduct or waste product. Process wastewater includes, 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.
c. 
Prohibited Conduct. No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Keyport any domestic sewage, non-contact cooling water, process wastewater or other industrial waste (other than stormwater).
d. 
Enforcement. This subsection shall be enforced by the Police Department and Board of Health of the Borough of Keyport.
e. 
Penalties. Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this subsection shall be subject to any penalty set forth in Section 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.
[Ord. No. 20-08]
a. 
Purpose. The purpose of this section is to prohibit the discharge of sump pump or other mechanical discharge of any stormwater onto any Borough street or sidewalk when such a discharge would create an unsafe icing condition.
b. 
Sump-Pump Discharge. There shall be no sump-pump discharges or mechanical discharge of any stormwater directly onto any Borough street or sidewalk between December 1 and March 15, if in the professional opinion of the Superintendent of Engineering or Borough Engineer, or their designee, that said discharge would create an unsafe icing condition. The sump-pump or mechanical discharge of any stormwater between December 1 and March 15 shall be discharged so that it will percolate into the soil, and not run directly into any public streets or sidewalks.
c. 
Penalties. Any person(s), entity, firm or corporation or other group found guilty of violating any of the provisions of this section shall be subject to any penalty as set forth in Section 1-5 of the Revised General Ordinances. Each daily incident shall be considered as a separate violation.