Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 73-2; Ord. No. 478]
The water supply and distribution facilities serving the subdivision known as "Twin Pines, Section One," are hereby accepted as part of the public water supply and distribution system of the Township subject to the following conditions:
a. 
The Water Department shall be responsible for the water supply within the capacity thereof, for the water storage tank and the pressure therein, for the mains by which it is distributed in the streets in the development and for the portion of water service pipes which run from the main to the inner side of the curb in front of each lot therein and the curb stopcock, coupling and curb box.
b. 
The owner of each lot therein shall be responsible for and shall maintain the balance of the water service connection, including the water meter herein required. Water meters, however, shall remain the property of the Water Department of the Township of Fairfield.
c. 
As promptly after the effective date of this subsection as is practical,[1] the Water Department shall, at the expense of the owner, install and set in the building erected thereon, at the entrance of the water service pipes into the same, the water meter complying with the specifications for water meters contained in the construction specifications and standard construction details, as prepared by Charles G. Burns, Municipal Engineer, Township of Fairfield.
[1]
Editor's Note: Paragraph c of subsection 18-1.1 was amended by Ord. No. 478, adopted 5-11-1972.
d. 
The first billing for water consumed in each lot presently served by the facilities shall be for the period ending September 30, 1964, at the rate specified by subsection 18-2.4 and, if the owner has not paid the same, shall include the cost of supplying, installing and setting the meter which shall be the charges set forth in subsection 18-1.3.
[1969 Code § 73-3]
Within the capacity of the public water supply and storage facilities, distribution mains may be laid in any existing or future street and provided with fire hydrants, water service lines to the inner side of the existing or required future street curbing and other appurtenances either by the Township, with or without application by the owners of the properties to be served thereby, and in that event, the cost thereof may be assessed in whole or in part against the premises benefiting thereby; or by the owner of any subdivision of land approved by the Planning Board of the Township at his own cost and expense under an appropriate contract with the Township suitably guaranteed.
[1969 Code § 73-4; Ord. No. 478; Ord. No. 790; Ord. No. 98-13 § 1; Ord. #2002-14 § 1]
a. 
Water service pipes for the transmission of water from the distribution mains in the street to the building to be served shall by Type K copper pipe of the dimension appropriate for the service applied for. Alternate pipe materials may be used only with prior approval by the Township Engineer. Any unapproved materials incorporated into the work without the Township Engineer's approval shall be removed and replaced, to the satisfaction of the Engineer, by the owner and at the owner's cost and expense. Each such pipe shall be laid at least four feet below the finished surface of the ground. Beyond the existing or required future curbline, there shall be installed in every water service pipe a shutoff cock, operable from the surface of the ground, a curb coupling and curb box. The shutoff cock shall be in an off position upon installation. The balance of the water service pipe shall be furnished and installed by the owner at his own expense. No other pipe shall be laid in the same trench. No T or other connection shall be made therein ahead of the water meter herein required. The trench in which the pipe shall be laid shall not be backfilled until the water service pipe laid therein and its appurtenances have been inspected and approved by the Water Department. At the entry of the water service pipe into the building to be served, a water meter complying with the specifications contained in the drawing entitled "Water and Sewer Detail" shall be installed and set by the owner or his licensed plumber ahead of any T or other connections with the piping in the interior of the building. The location and placement of the meter shall be subject to the approval of the Township and must be inspected by a representative of the Township immediately upon its placement into service.
b. 
All water meters shall be furnished by the Township at the following meter charges:
Size
(inches)
Charge
5/8 inch x 3/4 inch
$295
1 inch
375
1 1/2 inches
625
2 inches
800
3 inches
1,250
4 inches
1,975
c. 
Final meter readings must be requested through the water/sewer billing department 24 hours in advance of the requested final reading date. A fee of $10 shall be charged for each final meter reading requested.
[1969 Code § 73-5; Ord. No. 98-13 § 1]
a. 
Except as provided in paragraph b below, only the Water Department or a person or persons in its employ shall tap the main provided for the distribution of the public water supply, lay and install the water service pipe from the main to the inner side of the existing or required future location of the street curbing and supply and install at the end of the portion of the water service line most remote from the main an appropriate shutoff cock, coupling and curb box, as specified in the drawing.
b. 
With the approval of the Water Department, a developer who has contracted with the Township to lay water distribution mains in streets traversing or bordering the development may, under the supervision of the Water Department, tap the mains, lay and install water service pipes from the main to the inner side of the existing or future required location of street curbing and supply and install an appropriate shutoff cock, coupling and curb box; but the trench in which each such installation has been made shall not be backfilled until the Water Department has inspected and approved the tap, the service line and its appurtenances. An inspection fee of $25 shall be charged for each tap in the main, the water service pipe and its appurtenances, and the water shall not be turned on until the charge has been paid.
[1969 Code § 73-6; Ord. No. 790; Ord. No. 98-13 § 1; Ord. No. 2012-15]
a. 
If there is a water distribution main from which a building or buildings to which an application for water service relates which may be supplied with water from the public water supply system, and no water main tap has been made and no water service pipe has been laid to the inner side of the existing or required future location of the street curbing, the Water Department shall, as promptly as may be convenient after the application for service and payment of the charges hereinafter specified, make a tap in the water main of the size applied for and provide, lay and install appropriate water service pipe to the inner side of the existing or required future location of street curbing, a curb stopcock, coupling and curb box, in accordance with the provisions of subsection 18-1.6.
b. 
Should there be an existing service, inclusive of tap, service piping and curb stops installed to the property, installed by the Township of Fairfield at the Township's expense, then fees in accordance with subsection 18-1.6 shall apply.
c. 
Should there be an existing service, inclusive of tap, service piping and curb stops installed to the property, installed at no expense to the Township of Fairfield, then fees in accordance with subsection 18-1.6 shall be waived.
d. 
In addition to the charges referred to herein, a water service inspection fee of $25 shall be paid to the Water Department upon the filing of an application for water service.
[1969 Code § 73-7; Ord. No. 478; Ord. No. 790; Ord. No. 98-13 § 1]
a. 
Except as provided in subsection 18-1.4b the charges payable to the Water Department for tapping a water supply main providing and installing a water service pipe and its appurtenances to and including the curb box shall be those determined from time to time by the Mayor and Council by ordinance. Listed below is the particular schedule of fees and services:
Size
(inches)
Fee
3/4-inch diameter
$450
1-inch diameter
$500
1 1/2-inch diameter
$600
2-inch diameter
$700
8 x 4
$850
12 x 4
$950
14 x 4
$975
8 x 6
$1,000
12 x 6
$1,000
14 x 6
$1,025
8 x 8
$1,100
12 x 8
$1,200
14 x 8
$1,250
b. 
The flat fee associated with the above sizes shall include only the making of the tap at the main and the furnishing and installation of the corporation or tapping sleeve and tapping valve by the Township. All trench excavation and backfill, pipe installation beyond the corporation or tapping valve, pavement replacement and all labor associated shall be the responsibility of the contractor for the applicant. Any local, County or State roadway opening permits required shall also be obtained by the contractor or applicant.
[1969 Code § 73-8; Ord. No. 478; Ord. No. 927]
For all water connections applied for with respect to properties in relation to which no water connection charge has theretofore been paid, and upon which no assessment has theretofore been levied for the benefit conferred by the establishment of the water supply system, there shall also be paid for each water connection applied for, a water connection charge of $400 for the cost to the Township of providing its water supply, storage and distribution system for residential dwellings, and $600 for the cost to the Township of providing its water supply, storage and distribution systems to industrial and commercial establishments. For any residential building which shall be classified as a townhouse or condominium or which shall have multiple individual owner-occupied units within a main building structure, the water connection charge shall be paid for each individual owner-occupied unit for which a Certificate of Occupancy will be issued. These water connection charges shall be paid at the time a building permit is applied for.
[1969 Code § 73-9]
a. 
No water main tap shall be made and no water service pipe shall be installed unless there is an existing building, the owner of which shall have applied for water service, or a building in the course of construction for which a building permit has been issued, the owner of which shall have applied for water service, except as provided in subsection 18-1.4b.
b. 
Applications for water service shall be made at the same time as a building permit is issued.
[1969 Code § 73-10; Ord. No. 478; Ord. No. 98-13 § 1]
a. 
No one, except an authorized representative of the Water Department or of the Fairfield Fire Department, shall open any fire hydrant except with the prior approval of an authorized representative of the Water Department.
b. 
A fee of $15 per year for fire protection shall be assessed to residential properties not connected to the Township's water supply where waterlines exist.
c. 
A fee of $25 per quarter, per hydrant, shall be assessed to nonresidential property owners for the maintenance of any fire hydrant which may be located upon their property.
d. 
A fee of $75 shall be assessed to any person, corporation or entity, which requests a hydrant flow test for insurance purposes. Said test shall only be done in the presence of Water Department personnel.
[1969 Code § 73-11; Ord. No. 478; Ord. No. 690; Ord. No. 98-13 § 1; Ord. #2008-14 § 1]
No one, except an authorized representative of the Water Department, shall shut water off or turn it on at the curb shutoff cock. Should a representative of the water department be called in for a non-emergent or customer elected service disruption, then a fee of $100 shall be charged for each function. This fee shall be charged separately for turn off/turn on function, unless both functions occur within a two-hour period.
[1969 Code § 73-12]
No premises using any water from any source other than the public water supply system shall be connected into the Township water supply system in any manner contrary to the rules and regulations of the State Department of Health or any of its agencies.
[1969 Code § 73-13; Ord. No. 478]
a. 
No certificate permitting occupancy of any building hereafter constructed for occupancy by human beings shall be issued unless the building has been provided with an adequate supply of potable water. A water service connection to the public water supply system shall be deemed to provide an adequate supply of potable water. If there is a main providing a public water supply with which any such building may be connected which shall lie 100 feet or less from such main, no building permit shall be issued for such building unless there shall accompany the application an application for a water service connection to the main and the fees required hereunder for that connection. No private water supply system from an individual well shall hereafter be used for supplying potable water for domestic purposes to a building hereafter erected if a public water main shall lie within 100 feet of the building to be served.
b. 
When the public water supply system is available to a building or premises, as set forth herein, the drilling of new wells on an existing premises to obtain potable water for domestic purposes is not permitted. The owner of the premises shall thereafter connect to the water supply system.
c. 
The drilling of any type of well in the Township, whether for domestic, industrial or commercial use, as well as for all other purposes, such as but not limited to the watering of lawns or gardens and the filling of pools, etc., is not permitted without first obtaining a permit from the office of the Health Officer.
[1969 Code § 73-13.1; Ord. No. 927]
Any residential building which shall be classified as a townhouse or condominium or which shall have multiple individual owner-occupied units within a main building structure shall have each owner-occupied unit provided with a separate water meter and water service line to determine the water consumption for each individual owner-occupied unit. The owner of each individual unit shall be responsible for the payment of quarterly water service charges in accordance with subsection 18-2.4. The payment and installation of water meters shall be as per subsection 18-1.3.
[1969 Code § 73-14; Ord. No. 690; Ord. No. 98-13 § 1]
Water meters shall be tested at regular intervals at no cost to the consumer, as prescribed by the New Jersey State Public Utilities Commission. If as a result of any test a meter is found to be incorrect or inaccurate, it shall be promptly repaired to an accurate condition or an accurate meter shall be substituted at no cost to the consumer. Any meter tested and found to be inaccurate by not more than 3% shall be considered accurate. Any consumer claiming his meter to be inaccurate may require it to be tested by written request to the Water Department. If upon test the meter shall be found to record the water consumed accurately or inaccurately by no more than 3%, the consumer shall be assessed a fee of $75 for the cost of the required test, which sum, if not paid, shall be added to the next water rent billing.
[1969 Code § 73-15]
No one shall tamper with a water meter and no one shall break the seal thereon, except authorized personnel of the Water Department.
[1969 Code § 73-16; Ord. No. 434; Ord. No. 478; Ord. No. 491; Ord. No. 624; Ord. No. 690; Ord. No. 877; Ord. No. 882; Ord. No. 98-13 § 1; Ord. No. 2001-03 § 1; Ord. No. 2003-05 § 1; Ord. No. 2005-04 § 1; Ord. No. 2006-01 § 1; Ord. No. 2007-02 § 1; Ord. No. 2007-23 § 1; Ord. No. 2009-07 § 1; Ord. No. 2010-02 § 1; Ord. No. 2011-01; Ord. No. 2012-03; Ord. No. 2012-19; Ord. No. 2014-01; Ord. No. 2014-03; Ord. No. 2015-02; Ord. No. 2015-04; Ord. No. 2016-01; Ord. No. 2017-01; Ord. No. 2017-24]
a. 
The quarterly charges for water consumed at the building or buildings on the premises served, as measured by the water meter, shall be as follows:
1. 
Zero to 15,000 gallons: $60 for 2018.
2. 
Above 15,000 gallons: $5.10 for 2018 for every additional 1,000 gallons.
b. 
Billings for water consumed at each building shall be determined by the Water Department.
c. 
The filing of residential swimming pools located within approximately 300 feet of an available water hydrant shall be performed by the Municipal Water Department at a flat fee to the owner or occupant in the amount of $210 payable in advance.
[1969 Code § 73-17; Ord. No. 96-06 § 1; Ord. No. 2002-05 § 2]
The Water Department's representative shall be permitted to enter the premises at least quarterly to read the meter and the Department shall bill the owner of the property served for the water consumed from the date water service commenced or from the date of the last preceding reading, and the bill shall be due upon presentation. In the event that a bill is not paid within 30 days of the date of issuance, interest shall accrue on the unpaid balance, at the maximum rate allowed pursuant to N.J.S.A. 40:14B-41, that being at a rate of 1.5% per month until the date on which such charge, and the interest thereon, shall be fully paid to the Township. The water service charge and penalty shall be a lien upon the premises served until paid and may be enforced as a lien for delinquent taxes is enforced, or otherwise be collected as provided by law.
[1969 Code § 73-18]
If the person assigned to reading water meters shall be unable to gain access to the premises to perform that function, he shall estimate the consumption as nearly as may be done and bill the owner for the estimated consumption, subject to adjustment if the actual consumption shall prove to have more or less than the reader's estimate thereof.
[1969 Code § 73-19]
The Water Department shall have the right to shut off water service at the curb if the owner is delinquent for six months or more in the payment of the water service charges, or if a representative of the Water Department shall be unable to gain access to the premises supplied for the purpose of inspecting same.
[1969 Code § 73-19.1; Ord. No. 763]
The Water Department shall have the right to shut off water service at the curb if the owner is a commercial or industrial user and is delinquent for 30 days or more in the payment of the water service charges and/or sewer use charges and/or taxes and/or municipal charges or if a representative of the Water Department or Sewer Department shall be unable to gain access to the premises supplied for the purpose of inspecting same.
[1969 Code § 73-20; Ord. No. 690; Ord. No. 98-13 § 1]
Under no circumstances shall water be taken from any fire hydrant for building construction purposes. Any owner desiring that water from the public water supply system be available for building construction purposes, on a property to which a water service pipe has been laid to or beyond the inner side of the existing or future required location of street curbing may apply for such temporary service. After consideration of the type and size of the building or buildings being constructed, the Water Department shall determine whether the connection desired shall be metered or charged for by a flat fee, which shall not be less than $75 per calendar quarter or part thereof. Upon payment of the flat fee, or the installation of a suitable meter in a pit, the connection may be made to the existing water service pipe or any extension thereof. If a meter is required and installed, it shall be adequately protected from frost or otherwise. If it is damaged, the owner shall be responsible for the repair or replacement thereof. Metered water shall be paid for at the rates specified in subsection 18-2.4.
[1969 Code § 73-21]
No person shall obstruct access of an authorized representative of the Water Department to the water meter, to the curb shutoff valve or to any fire hydrant.
[1969 Code § 73-22]
In case of prolonged scarcity of water from any cause, the Department reserves the right, upon public notice, to have the use of water for lawn or garden sprinkling, air-conditioning purposes or swimming pools suspended or restricted.
[1969 Code § 73-23]
The Water Department of the Township shall have no liability for failure of its water supply or for the pressure thereof.
[1969 Code § 73-24]
If the regulations of the County or State highway department shall prohibit the excavation of a trench for the laying of a water service connection, the applicant for water service, at his own expense, shall comply with the requirements of the agency responsible for the highway as to how the water service connection shall be made.
[1969 Code § 73-25; Ord. No. 690; Ord. No. 756]
When, in the judgment of the Water Department, it is practical, private fire service connections may be allowed for sprinkler systems on approved property, for which a flat or metered rate, at the option of the Water Department, shall be charged, subject to special contract and special rules and regulations governing such service as may be determined by the Department. Unless and until modified by the Mayor and Council, by resolution, a charge of $115 per quarter shall be made for each such sprinkler system connection, and if the flat quarterly charge or the metered charge for the water used therein shall not be paid within 30 days of presentation, the Water Department may shut off the water supply.
[1969 Code § 73-26; Ord. No. 478; New]
Any person who shall violate subsections 18-1.4, 18-1.5, 18-1.9, 18-1.10, 18-1.11, 18-1.12, 18-2.3, 18-2.9 and 18-3.1 of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day any violation shall exist shall be regarded as a separate violation.
[1969 Code § 74-1; Ord. No. 642]
The Mayor of the Township be and is hereby authorized, empowered and directed, at such time or times and from time to time as the Mayor shall deem necessary and desirable, to formally proclaim that an emergency then exists in the potable water resources of the water system of the Township requiring the taking of such measures for the conversion of water and the prevention of waste as are hereinafter specified.
[1969 Code § 74-2; Ord. No. 642]
The proclamation may include therein such regulations for the use of water as may be necessary to effectuate the purposes of this section, and such regulations may be amended, supplemented and revised or repealed from time to time by the Mayor by subsequent proclamation. The regulations may prohibit the use of water from the municipal supply for any and all purposes not necessary to the health, safety and general welfare of the public; may allocate and prorate the available water supply; may reduce and conserve consumption by consumers of such water; and may provide for the prevention of waste for the period of the duration of the emergency.
[1969 Code § 74-3; Ord. No. 644]
The Mayor may, upon the formal proclamation of a water emergency, promulgate regulations concerning the use of water from private water supplies and sources, including private wells, for the period of the duration of the emergency.
[1969 Code § 74-4; Ord. No. 642]
The proclamation shall immediately be filed in the office of the Township Clerk and shall be duly published once in one of the official newspapers of the Township, and, upon the making of the proclamation of emergency, the publication thereof and the filing of the same in the office of the Township Clerk, such proclamation and regulations shall be conclusive upon all consumers of water in the Township and it shall be the duty of the consumers to take notice thereof and comply therewith.
[1969 Code § 74-5; Ord. No. 642]
The Township Clerk shall also forthwith give notice of the proclamation to the various departments of the Township to refrain from street and gutter flushing, hydrant flushing, fire hose testing and other similar practices, except as the practices are deemed necessary in the interests of public health or safety and until the emergency is declared by the Mayor to no longer exist.
[1969 Code § 74-6; Ord. No. 642]
During the existence of the emergency, it shall be unlawful to permit and maintain, in any building or on private property, any plumbing system which shall have water leaks of any nature, kind or description, and all consumers shall use all reasonable means to repair and maintain the plumbing system free from any and all leaks. If, following tests and inspections by Water Department employees, leaks in a building plumbing system are reported to the consumer, the plumbing system shall be forthwith repaired and the leaks shall be eliminated within 36 hours after the report.
[1969 Code § 74-7; Ord. No. 642]
During the existence of the emergency, it shall be unlawful to use water from the potable water system of the Township for lawns, gardens, shrubbery or other outside sprinkling, spraying or watering or for car washing or for swimming pools or other similar outside or outdoor use.
[1969 Code § 74-8; Ord. No. 642]
It shall be unlawful for any consumer or his tenant, licensee or occupant of any building in the Township, during the existence of the emergency, to violate any potable water rationing, regulation or restriction which may be promulgated by proclamation as aforesaid.
[1969 Code § 74-9; Ord. No. 642]
a. 
During the existence of the emergency, any person or persons, firm or corporation violating any provision of this section shall, upon conviction thereof, be liable to a fine or penalty not exceeding $50 for the first conviction and, for a second or subsequent conviction, a fine or penalty not to exceed $200, in the discretion of the Municipal Judge.
b. 
If a violation of this section, or the violation of any regulations set forth in the emergency proclamation of the Mayor or under the authority hereof, shall continue for more than 24 consecutive hours, then such violation shall, after the period of 24 hours, be taken and construed to be a separate and new offense and shall be subject to the separate penalties hereinbefore specified.
[1969 Code § 74-10; Ord. No. 642]
The Water Department of the Township, in the event of the conviction of any consumer, tenant, licensee or occupant as herein provided, shall immediately reduce the potable water supply to the premises on which the violation shall have occurred, during the duration of the emergency, to the daily minimum, which shall be established by the local Board of Health as necessary to safeguard the health of the occupant of the premises where the violations shall occur.
[1969 Code § 74-11; Ord. No. 642]
The Water Department of the Township shall, immediately upon the issuance of the emergency proclamation by the Mayor as herein provided, give notice, by posting in public places in the Township or by house-to-house calls by its duly authorized representatives, of such proclamation to consumers, tenants, owners, licensees or occupants, but the notice herein directed to be given shall not be deemed or construed to be requisite to prosecution for violation of any of the provisions hereof.