Borough of Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[R.S. 40:62-47, et seq., governs municipal supply of water, R.S. 40:63-1, et seq., governs municipal sewers.]
The water and sewer systems of the borough are hereby combined and consolidated so that they shall be operated by the borough as one utility under the name and designation of water-sewer utility department, in this section referred to as the "department".
Subject to such ordinances and resolutions as may be passed from time to time by the mayor and council, and subject further to the general supervision of the committee to whom the department is assigned, the superintendent of water and sewers shall exercise a general supervision and control and shall be in direct general charge of the water supply and the sewer systems of the borough including all physical plans and properties connected therewith.
The collector of water and sewer rents of the borough shall:
a. 
Have charge of all the books and records of the department.
b. 
Bill and make all collections of charges, fees and rentals for the sale, distribution and use of water and sewer facilities including opening of any street or sidewalk for introduction or change of water or sewer facilities or both.
c. 
Issue all permits required under this section after compliance with the requirements and approval required hereunder and the payment of proper fees and keep a record of the same.
d. 
Provide the proper forms of application and the proper forms of permit for use of water or sewer facilities or both.
No water or sewer connection shall be made to any portion of the water supply system or to any portion of the sewer system by any person except upon proper permit issued by the borough after proper application has been made necessary fees paid in advance and approval secured in writing from the superintendent of water and sewers.
All property owners whose property is within 600 feet of sewer and/or water shall connect to same within 30 days from the providing of said residence or commercial or other structure to which said service is available and required. All property owners to which this subsection applies shall have 30 days from the date of adoption of this amendment within which to apply for sewer and/or water connection pursuant to subsection 9-1.4. Said property owners shall have 90 days from the date of adoption of this amendment to comply fully with the provisions of this section.
Failure to comply with the provisions of this section will result in an enforcement action being taken by the Code Enforcement Officer of the Borough of Highlands in accordance with the enforcement and penalty sections of this section, BOCA, and other applicable statutes and/or regulations.
All applications for water or sewer service or the extension of water or sewer distribution system shall be made to the department and shall contain an assent by the owner of the property where the water or sewer service is desired or by his duly authorized agent to these rules, rates and regulations, and at the same time the applicant shall pay all charges of the department up to the commencement of the succeeding term, including all the charges of the department incidental to the introduction and extension of the services applied for. The application shall state the date, name of party, kind and extent of service applied for, description and location of property to be supplied and the rates and terms of payment. All water service taps shall be made by the department with charges as per schedule according to size of tap desired, it being expressly understood that curb stops, valves, curb boxes and roadway boxes are to be controlled by the borough.
Application for the extension of water or sewer distribution systems may be made only where sufficient demand for service warrants. The mayor and council shall determine the terms and conditions upon which such applications or petitions may be granted. Extension of new mains shall be made as local improvements with benefits from the same assessable to owners of abutting property in accordance with statutes made and provided.
The department shall not tap its mains until application is properly executed and tapping fee, as per schedule, is paid in advance.
All water taps made and services installed after June 25, 1956 shall be metered except in cases where the applicant desires to have water for building purposes on flat rate charges and this supply shall be metered if the department so directs.
Each consumer shall have installed at his own expense a stop and waste valve on the service pipe inside the building. The valve is to be installed within one foot of where the service pipe enters the building and shall be so located and arranged that the water supply may be shut off without difficulty. Each consumer shall also have installed at his own expense a curb stop and valve box.
All sewer service connections from the main to and in the building and land surrounding the same shall be made by a plumber registered and licensed under and in accordance with borough ordinances heretofore or hereafter adopted by the council or by the board of health. The connections shall be inspected by the borough plumbing inspector and shall be properly reported to the department. All changes of sewer services, connections or fixtures shall be inspected by the plumbing inspector and reported to the department. No sewer service connection shall be made without proper written application and pre-payment of all fees and charges as required by other subsections of this section.
All applications to connect properties with the borough sewer shall be filed with the secretary of the local board of health or the plumbing inspector before the connection is made. All proposed connections shall be approved by the plumbing inspector before the work is begun. All connections shall be made by a licensed plumber of the borough.
Each house, building, store and apartment units in a house or building on a property requiring or using water or sewer services may be separately metered. Where several premises or several houses, buildings, stores, apartment units, persons or consumers in the same premises are supplied by the same service pipe each one shall be responsible for all of the others connected to the service pipe. If there is no payment of water or sewer rents, fees or charges or if there is any violation of this section by any one of them, the superintendent of water and sewers shall have the right to cut off the water or sewer services and none of them shall have any claim for damages or compensation or for the abatement of any charge or fee imposed. Further when any premises are now or hereafter occupied by more than one tenant drawing water through the same service pipe, the owner of the property shall be responsible for water and sewer rents, fees or charges and if the water is cut off from the premises the same shall not be turned on until all the rent, fees or charges due and all expenses for cutting off and turning on the water or sewer services shall be paid in full.
Every consumer of water in the Borough of Highlands shall be required to maintain the water meter required pursuant to the provisions of this section so that it shall be readily accessible and easily readable by the employees of the Borough of Highlands.
Maintenance of the water meter shall include but not be limited to the removal of all sand and debris which may obstruct the water meter.
In an event an employee of the Borough of Highlands is required to remove obstructing debris in order to read a meter, the water consumer shall be charged by the Borough of Highlands at an amount equal to the costs incurred by the borough in connection with the removal of the debris and the billing of the consumer for such services. The amount of the charges shall be not less than fifteen ($15.00) dollars and shall be added to the next succeeding water bill to the consumer and shall be collectible as water rents in accordance with law.
Any consumer wishing to discontinue water or sewer service shall give written notice thereof at the office of the department. The charges shall continue until the notice is given. On receipt of notice the department shall turn off the service at the curb stop, remove the meter if there is one and record the date. In every case where service is granted for less than the fiscal year, the consumer shall be charged in accordance with the schedule but in no case less than the minimum annual charge as provided in the schedule of rates, services and charges.
In the case of a temporary vacancy by the owner or occupant of any premises, the water shall be turned off upon written request of the owner or his authorized agent given at least 24 hours in advance but a charge of five ($5.00) dollars will be made by the department when requested to turn water on again. The request or order must be in writing but the shutting off of water upon the request of the owner or his agent shall not in any way impair the contract then existing between the borough and the owner or consumer.
When water has been turned off for any cause it shall be recorded on the books of the department, and the charge except for the minimum annual rate ceases from that date but where water recorded turned off is at any time found on it is expressly agreed by the consumer that the department may charge for the use of water from the time it is recorded as being turned off in addition to any arrears chargeable against the premises.
Service under an application shall be discontinued for any of the following reasons:
a. 
For the use of water on any property or building or for any purpose other than that described in the application.
b. 
Under the flat or meter rate service, for addition to the property or building or fixtures or increasing use to be made of water or sewer supply without notice to the department.
c. 
For the willful waste of water through improper or imperfect pipe, fixtures or otherwise.
d. 
For failure to maintain in good order, connections, service lines or fixtures owned by the applicant.
e. 
For molesting any service pipe, meter, curb stop, box, seal or any other appliance controlled or owned by the department.
f. 
In the case of vacancy of premises.
g. 
For neglecting to make or renew advance payments or for nonpayments of water or sewer service or for any other charges accruing under the application.
h. 
For refusal of reasonable access to the property for purpose of inspecting or for reading, caring for or removing meters and for refusal of entry at all reasonable hours to the premises of any users of the sewer service for the purpose of examining the pipes, fixtures and also to check the number of fixtures connected.
i. 
For fraudulent representation on the part of the consumer or the owner of the premises.
j. 
Persistent violation of the rules and regulations of the department.
No person shall discharge or cause to be discharged any of the following described waters or wastes in any portion of the sewer system of the borough:
a. 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
b. 
Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
c. 
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas.
d. 
Any garbage or trash.
e. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
f. 
Any waters or waste having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of sewage works. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogenions in grams per liter of solution.
g. 
Any waters or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer treatment process or constitute a hazard to humans or animals, or create any hazard in receiving waters of the sewage treatment plant.
h. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
i. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
No cellar drains, no area drains, no roof leaders, no sump pumps and no down spouts shall be connected to the sewage system.
No swimming pool having a depth of three feet or more shall be filled nor shall any such pool be emptied into the borough sewer except between the hours of 7:00 p.m. and 6:00 a.m., provided that a permit for such filling or emptying is obtained from the collector of water and sewer rents at least 24 hours in advance.
In the event of the demolition of any structure, the owner shall be responsible for the discontinuance of water and sewer service at the main and shall be required to pay the fees set forth in subsection 9-8.8.
The superintendent of water and sewers or any authorized employees of the department, or any person designated by the mayor and council for that purpose may, at all reasonable hours, enter the premises of any water service consumer or any sewer service user and examine the pipes, fixtures and meter, read the meter and make all tests and repairs, remove and replace the meter when deemed necessary and may also check all pipes, fixtures and the number of fixtures connected to the sewer or water services.
Under no circumstances shall curb stops be opened or closed by any person not an authorized employee of the department, except that a licensed plumber may open or close a curb stop to test his work or to make necessary repairs. In all cases where a licensed plumber tests his work or makes repairs in unoccupied premises he shall, upon completion of his work, leave the curb stop closed and upon failure to do so, he shall be liable for all damages occasioned thereby and shall be liable for such fine or penalty as may be imposed in section 3-10 of this revision. Any unauthorized person who shall turn on water at the curb or building or for any other purpose shall be liable for such fine or penalty in section 3-10 of this revision and as otherwise provided for by law.
No person, except a duly authorized employee of the department, shall open or close any valve in the water main of the borough.
No person, other than an employee of the department, shall remove, replace or in any manner interfere with a motor attached to a water pipe, used or intended to be used to supply water to any premises. This applies whether the motor is set within or without a building.
No person shall be entitled to damages, or rebate of any portion of payments due, because of accident, addition of repairs to any portion of the water or sewer systems.
All consumers having boilers upon their premises, depending upon the pressure in the water main and pipes of the department to keep them supplied are hereby cautioned against danger of collapse and all such damage must be borne exclusively by the consumer. Under no circumstances, shall the department be responsible for any accident to pipes, fixtures or property caused by turning on or off water for any cause whatsoever. To provide against accident to boilers or hot water heaters, a safety valve should be installed to relieve excessive steam pressure or a tank shall be provided so arranged as to keep the supply water in such boiler or heater when the supply is discontinued from the main.
[Ord. 6/25/56 § 407]
The department may at any time restrict or regulate the quantity of water used by the consumer in case of scarcity or if in the judgment of the mayor and council such restriction or regulation shall be necessary for the safety of the community in case of fire or any other emergency; and in case of necessity, the department shall be at liberty to shut off the water supply in order to make repairs and the borough shall not be liable under any circumstances for shutting off thereof or for the deficiency or failure in the supply of water, whether by the occasion of shutting off of water or any other cause whatsoever; nor shall the borough be held liable for any damage caused by increased pressure being put on the mains during the time of fire, drills by the fire companies or any other time. All applications made hereunder shall be held and construed to be made subject to the provisions of this section. However, the borough shall have the right to modify, rescind, amend or alter any of the terms of this ordinance or make such additional regulations and restrictions as shall be found advisable for the protection of the borough water and sewer system and plan.
[Ord. 6/25/56; Ord. No. O-60-1; Ord. No. O-94-30 §§ 1, 2]
Complaints with regard to sewer bills rendered must be made to the office of the department in writing. The collector in charge of the department shall make a record of such complaint, giving the name and address of the complainant, the date, the nature of the complaint and the remedy.
[1]
Editor's Note: Former section 9-7, Meters, previously codified herein and containing portions of Ordinance Nos. 6/25/56 and 0-60-1 was repealed and replaced by Ordinance No. 0-94-30.
[Ord. No. O-60-1 § 3; Ord. 75-8 § 2; Ord. O-81-15 § 1; Ord. O-85-18; Ord. O-86-1 § 1; Ord. O-89-17 § 1; Ord. O-94-30 § 3; Ord. O-13-1]
Sewer service charges shall be as follows:
User Classification
Quarterly Rate
Residential Effective 1/01/12
$140
Nonresidential (including schools)
Quarterly sewer charges herein imposed shall be based upon water consumption of the property served, as hereinafter set forth. The charges for each quarter shall be a minimum charge of $140 per quarter for up to 31,938 gallons of water usage. Over 31,938 gallons of water usage, additional charges shall be based on $0.004424 per gallon for the excess. Sewer charges shall be based on water usage from the prior quarter. Effective 1/01/12
Houses of worship (including but not limited to churches, rectories and convents):
$35
[Ord. No. O-60-1 § 1; Ord. No. 75-8 § 3; Ord. No. O-13-1]
There shall be due and payable beginning on January 1 a quarterly minimum charge for each consumer as provided in Subsection 9-8.1.
[Ord. No. O-13-1]
Sewer service charges shall be due and payable on February 1, May 1, August 1 and November 1. The February 1 payment shall constitute payment for January through March 31 of the same year. There shall be a thirty-day grace period for the payment of sewer charges.
[Ord. 6/25/56 § 603; Ord. No. O-13-1]
All premises having no connection to the water supply system and being served by their own wells or other source of supply shall have the supply metered and shall pay only the sewage service minimum rate as determined by the meter.
[Ord. No. O-60-1 § 2; Ord. No. O-13-1]
Flat service charges can be made only with approval in writing by a resolution of the Mayor and Council and upon written contract entered into pursuant to the direction of the resolution. Bills for all users with the exception of trailers will be rendered quarterly beginning January 1 for the entire fiscal year. Annual interest at the rate of 8% shall be chargeable on each quarterly bill beginning 30 days after due date. Bills for excess water above the annual minimum charge used during the fiscal year shall be added to the following year's bill as of January 1, and be billed as a separate item.
[Ord. 6/25/56 § 603; Ord. No. O-13-1]
Bills for commercial users shall be rendered semi-annually on January 1 and July 1 and shall be paid without penalty, unless arrears remain unpaid for one month after the bill is rendered.
[1]
Editor's Note: Former subsection 9-8.7, Charges for Tapping Water Mains, previously codified herein and containing portions of Ordinance Nos. O-60-1 and 75-8, was repealed by Ordinance No. O-94-30.
[Ord. No. O-60-1 § 10; Ord. No. 75-8 § 5; Ord. No. O-80-9; Ord. No. O-13-1; amended 12-18-2019 by Ord. No. O-19-24]
If a street opening is required to access any sewer system, the local property owner shall submit an application for a permit and deposit pursuant to § 8-2 of the Borough Code.
[1]
Editor's Note: Former subsection 9-8.9, Connection Fee to Sewer System containing portions of Ordinance Nos. O-1980-6 § 1; Ord. No. O-1986-7 and Ord. No. O-2013-1, was repealed in its entirety by Ordinance No. O-2014-12.
[Ord. No. O-88-16; reserved by Ord. No. O-94-30 § 3; Ord. No. O-09-06; Ord. No. O-13-1; amended 12-18-2019 by Ord. No. O-19-24]
a. 
Municipal. The Borough shall have ownership and be responsible for the maintenance of all public sanitary sewer mains and manholes within its right-of-way, within the right-of-way of governmental agencies, or within sewer easements dedicated to and accepted by the Borough. Any breaks, leaks or blockages in public sanitary sewer mains or manholes in the right-of-way or sewer easements shall be the responsibility of the Borough.
b. 
Nonmunicipal. The local property owner shall have ownership of the entire service lateral from the building to the main, including any connections, curb boxes, cleanouts, and other associated apparatus; the maintenance, operation, repair and eventual replacement of any such portion of the sanitary sewer system, including any breaks, leaks or blockages, shall be the responsibility of the local property owner. The local property owner shall also be responsible for any sanitary sewer mains and manholes located within private property unless located within a right-of-way or subject to an easement as set forth in Subsection a, above.
c. 
Municipal Maintenance Responsibility. The Borough shall maintain its municipal sanitary sewer system, as set forth in Subsection a, in good working order. In no event shall the Borough provide any labor or material to clear or remove obstructions from a blocked nonmunicipal sanitary sewer system, as set forth in Subsection b, and said work shall be the sole and exclusive responsibility of the property owner. When the municipality is called upon by a private property owner or the tenant, agent or representative of the private property owner to investigate a maintenance issue within the system, the Borough will respond. If a problem is discovered in that portion of the system that falls under the municipal maintenance responsibility, it shall be corrected. However, if it is determined that the problem is in the nonmunicipal portion of the system, the private property owner, tenant, agent or representative shall be responsible to repair and correct the problem. The Borough will also assess a charge of $170 for the call out and inspection that led to the discovery of the problem in the nonmunicipal portion of the system.
d. 
Developer Obligation. Nothing contained herein shall alleviate the obligation and responsibility of the property owner or applicant for a sanitary sewer line as part of a new development during the performance bond and/or maintenance bond period.
[1]
Editor's Note: Former subsections 9-8.11 and 9-8.12, pertaining to water and sewer tapping fees, previously codified herein and containing portions of Ordinance No. O-88-16 was repealed by Ordinance No. 9-94-30.
[Ord. No. O-88-16; Ord. No. O-94-30 §§ 1-5; Ord. No. O-13-1; Ord. No. O-2014-12]
a. 
Definitions.
CONNECTION FEE
Shall mean an amount charged for new or additional units connecting to any collection system served by the Borough's system. State statute provides for this fee to compensate existing users for the parts of the system they have already paid for and that a new user will benefit from. Statute defines this fee as "fair payment toward the cost of the system" and requires that it be a proportionate share of the Borough's capital costs already paid by existing users. It does not include any materials or work related to the physical connection to any system. State statute requires that it be updated each year.
UNIT OR SEWAGE UNIT
Shall mean a residential property as defined in N.J.S.A. 40:14A-8.1(a). For residential uses, the term unit includes a single-family dwelling or apartment. For all non-residential users, "Unit", "sewage unit" or "EDU" shall be defined as 65,000 gallons per year of water consumption. Flow calculations for non-residential uses shall be rounded up to the nearest whole number of units, with a minimum of one unit. Additions to an existing home for the expanded residential use of a single family shall not create an additional "unit" unless there is Borough approval that increases the number of residential units permitted on the property.
b. 
Connection Fee(s) and Credits.
1. 
Fees: Prior to the start of construction, a connection fee of $5,142 per sewage unit shall be paid to the Borough for every new connection or expansion of an existing connection or use, less a credit for the number of previously legally connected sewage units that are removed, except as otherwise provided for by N.J.S.A. 40:14A-8.3.
2. 
Credits for Prior Connections.
(a) 
In calculations of credit for previous units on the property, full credit shall be given for units disconnected and removed from Borough sewer bills within two years of the application to the Borough; if over two years, a decreasing credit of 10% per year from the Borough billing removal date shall be received; if over 10 years, no credit shall be received.
(b) 
For projects where credit is claimed for three or more previous units, the maximum credit shall be the lesser of: the number of previous dwelling units, or for both residential and nonresidential, the whole number of sewage units, without rounding, based upon the average annual water consumption of the previous units for the last five years divided by 65,000 gallons.
(c) 
There shall be no accrual or transfer of connection rights or connection fee credits for units removed in excess of new units.
c. 
Connection Requirements.
1. 
The size of the connection shall be limited to the minimum size needed to carry the estimated maximum daily flow for the number of units approved, a larger connection may be installed subject to Borough approval.
2. 
In the event that additional equipment, infrastructure or expansion of any part of the system is required to service a new project, additional fees shall be charged. These fees shall equal all costs related to the additional equipment, infrastructure or expansion of the system, including design, legal fees and other costs incurred. During the five years following completion, new connections using these items shall pay an additional fee proportionate to their use of these items. Previous payers of these items shall be reimbursed this fee on a proportional basis, less all related Borough expenses.
d. 
Sewer Connection Inspection Fee. Following the completion of the connection from any property to the Borough sewer system, a fee of $50 shall be due and payable to the Borough for the inspection of same by the Borough's Licensed Plumbing Inspector. The Inspector shall be given reasonable notice of the completion of the connection in order that he may schedule a connection inspection.
[Ord. No. O-12-11; Ord. No. O-13-1]
All sewer charges shall be due and payable within 30 days of February 1, May 1, August 1 or November 1 as the case may be. In the event that any charges are not paid within 30 days of the February 1, May 1, August 1 or November 1 due date, then the charges shall be considered delinquent as of the due date. Interest shall accrue from the date of delinquency on all unpaid delinquent balances at the rate of 8% per annum on the first $1,500 of any unpaid balances and 18% per annum for any balances in excess of $1,500, with said interest accruing upon the balances, and interest thereon, until such time as they are paid in full.
[1]
Editor's Note: Former subsection 9-8.15, Water Meters, previously codified herein and containing portions of Ordinance No. O-88-26 was repealed by Ordinance No. O-94-30.
[Ord. 6/25/56, §§ 701-705]
No agent or employee of the department shall have authority to bind the department by any promise, agreement or representation not provided by this section unless such authority is given in writing and approved by a resolution of the mayor and council.
No plumber or owner or occupant of a premises shall turn on water to any premises, whether an old or new supply, in cases where water has been turned off for nonpayment of water or sewer rent or for any other cause.
No person, except the authorized person designated by the mayor and council by proper resolution, shall take water from any public fire hydrant, except for fire purposes or for use of the fire department in case of fire, nor shall anyone in any way use or take water for private use unless such person shall first pay for the privilege and receive the usual permit from the department.
No person shall break, damage, destroy, uncover, deface or tamper with any structure, meter, line, sewer appurtenances, or any equipment which is part of the system of the water works and the sewer works and plants of the borough.
The water pipe between the tap and the curbcock shall be made of copper and shall be laid at a depth of not less than three feet below the surface of the street and shall be subject to the approval of the superintendent of water and sewers.
[Ord. O-91-11, § 1]
Whenever the mayor and council of the Borough of Highlands shall determine that a water emergency exists, it may adopt a resolution declaring that a water emergency exists in the Borough of Highlands. Such resolution may identify a portion of the municipality affected by the water emergency, may provide for exemptions from the water emergency regulations and shall be effective for such period of time as the resolution shall declare, or until rescinded by further resolution of the governing body.
[Ord. O-91-11, § 2]
For the purposes of this section, a water emergency shall exist for any of the following reasons:
a. 
A public utility providing water to all or a portion of the Borough of Highlands has adopted a water use restriction, has notified the Borough of Highlands, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection as well as any other State, county or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any State, county or local agency having jurisdiction and power to do so; or
b. 
The mayor and council is otherwise satisfied that a water emergency exists in the municipality.
[Ord. O-91-11, § 3]
Upon adoption by the mayor and council of the Borough of Highlands of a resolution declaring that a water emergency exists in the Borough of Highlands in accordance with this section all citizens shall be urged to observe voluntary indoor conservation measures and, any of the restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency;
a. 
The complete ban and prohibition of outside water usage, including the watering of lawns, and plants, the filling of pools and the washing of cars; or
b. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house numbers on even days and those having odd house numbers on odd days with outside water usage being completely banned and prohibited on the thirty-first day of any month during the water emergency; or
c. 
Any other water use restriction specified by the mayor and council in the resolution which is reasonable under the circumstances considering the nature and extent of the water emergency.
[Ord. O-91-11, § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official who shall give the violator a written warning and explain the penalties for a second and third offense as provided by this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. O-91-11, § 5]
After a first offense in accordance with this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for 30 days or both.
[1]
Editor's Note: Prior ordinance history: Ord. No. O-91-12; §§ 1-5.
[Ord. No. O-2017-17]
a. 
All applications for new lawn sprinkler systems shall be made to the Construction Official.
b. 
Application fees shall be waived for applications seeking to upgrade a lawn sprinkler system which does not utilize "smart" technology controllers to one utilizing "smart" technology controllers which meet the United States EPA criteria for a WaterSense certification.
c. 
All contractors installing and/or maintaining irrigation systems shall hold a valid Landscape Irrigation Contractor's license issued by the New Jersey Department of Environmental Protection in order to construct, maintain, improve or alter a landscape irrigation system pursuant to N.J.S.A. 48:5AA-3.
[Ord. No. O-2017-17]
a. 
All newly installed or retrofitted lawn sprinkler control systems shall utilize "smart" technology controllers which meet the United States EPA criteria for a WaterSense certification.
b. 
Each new lawn sprinkler system shall utilize a rain sensor and/or at least one other weather or soil moisture sensor.
c. 
Lawn sprinkler systems shall be designed and positioned to prevent overspray onto sidewalks, streets, adjacent properties or any natural body of water and shall follow industry design standards.
d. 
All lawn sprinkler systems must be equipped with a backflow prevention device.
[Ord. No. O-2017-17]
a. 
Upon adoption of a resolution declaring a Water Emergency as set forth in Section 9-10, all residents shall abide by the terms of the resolution. At all other times, all residents shall abide by the water use restrictions set forth herein.
b. 
Lawn sprinkler systems may be utilized no more than two (2) days per week. Properties with an even-numbered address shall limit use to even days of the month; properties with an odd-numbered address shall limit use to odd days of the month.
c. 
Lawn sprinkler systems shall be set to water lawns and planting beds between the hours of 12:00 midnight and 9:00 a.m.
d. 
"Smart" lawn sprinkler systems which meet the United States EPA criteria for a WaterSense certification are exempt from the restrictions set forth in subsections 9-11.3b and c.
e. 
No watering of lawns, by lawn sprinkler system or otherwise, shall be permitted when it is raining.
f. 
Watering of any single area shall not exceed thirty (30) minutes per day.
[Ord. No. O-2017-17]
a. 
The water use restrictions imposed pursuant to this section shall be enforced by the Code Enforcement Officer who shall give the violator a written warning, refer the violator to this section, and explain the penalties for a second and third offense as provided by this section. The Code Enforcement Officer shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The Code Enforcement Officer is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
b. 
After a first offense in accordance with this section, any person or business who thereafter violates this section shall be fined in accordance with this subsection. For a second offense, the fine imposed shall be five hundred ($500.00) dollars. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars.
c. 
Each day such violation is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. O-05-15]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Highlands, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. O-05-15]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely 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
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean 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 Highlands, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General.
INDUSTRIAL WASTE
Shall mean any non-domestic 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. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Borough of Highlands or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean 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
Shall mean 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.
PERMIT (NJPDES PERMIT NUMBER NJ0141852)
Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean 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, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. O-05-15]
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 Highlands, any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
This section shall be enforced by Licensed Sewer Plant Operator of the Borough of Highlands.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars.
The purpose of this section 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 Highlands, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Borough of Highlands or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean 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.
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Highlands 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 system is also prohibited.
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities including the washing of firefighting vehicles.
i. 
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.
j. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
This section shall be enforced by the Code Enforcement Officer of the Borough of Highlands or other authorized officer.
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine not to exceed one thousand ($1,000.00) dollars.