Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 113-1; Ord. No. 017-76; Ord. No. 016-77; Ord. No. 05-85; Ord. No. 03-88; Ord. No. 04-90; Ord. No. 4-93; Ord. No. 04-2001 § 1; Ord. No. 01-2003 § 1; Ord. No. 01-2007 § 1; Ord. No. 03-2009 § 1; Ord. No. 04-2013; Ord. No. 03-2016; amended 3-26-2019 by Ord. No. 08-2019; 11-26-2019 by Ord. No. 21-2019]
a. 
The following schedule of charges shall be effective from July 1, 2019, to June 30, 2020:
1. 
All water used in the Borough of Allentown shall be billed at the rate of $0.08228 per cubic foot per quarter or $0.011 cents per gallon per quarter.
2. 
A minimum flat-rate fee will be billed at $70 per quarter.
b. 
The following schedule of charges shall be effective on and after July 1, 2020:
1. 
All water used in the Borough of Allentown shall be billed at the rate of $0.0125 cents per gallon per quarter.
2. 
A minimum flat-rate fee will be billed at $75 per quarter.
c. 
All water delivered in the Borough of Allentown shall be measured by Borough Water Department meters which shall, after installation, remain the property of the Borough. The owner of any premises where a meter is installed shall be held responsible for its care and protection from freezing, from hot water or from any other injury thereto. The owner of property shall notify the Water Department of any injury to or of the nonworking of a meter as soon as knowledge is had thereof. No bypass around a meter shall be permitted. All meters shall be sealed by an authorized official.
d. 
On and after May 1, 2019, the Borough' s Annual Water Report shall be distributed electronically through the Borough' s website and its distribution shall be advertised in accordance with law and on the next quarterly water billing for water service.
[1975 Code § 113-2; Ord. No. 017-76; Ord. No. 09-98 § 1]
Water bills shall be rendered on January 1, April 1, July 1 and October 1. An interest charge of 8% per annum will be added if a bill is not paid within 30 days, which interest charge shall be retroactive to the date in which the water bill is rendered. In the event the amount due on the water bill exceeds $1,500, then the interest charge shall be 18% per annum. No discount will be allowed if paid in advance.
[Ord. No. 05-2009 § 1; Ord. No. 10-2009 § 1; amended 11-26-2019 by Ord. No. 21-2019]
In the event that charges for water are not paid within 45 days after the bill for such service is due, a first notice letter will be sent to the owner of the premises stating that the amount is past due. If the account ages 90 days, a late fee of $25 will be assessed; a final notice will be sent stating that if the account is not paid within 10 days, the water will be shut off and/or disconnected at the owner's expense and at the Borough of Allentown's option. The Borough reserves the right to disconnect and/or discontinue utility service to any property listed on the Borough’s vacant property or abandoned property lists per Borough ordinance, and the Borough’s Water Operator is authorized to terminate said service to vacant and abandoned properties at his or her sole discretion to protect the Borough’s water system. The owner will have the right to request a hearing before the Borough of Allentown. Said hearing must be requested in writing to the Borough Clerk prior to the final ten-day notice of termination of service.
If service is terminated the Monmouth County Board of Health and the Allentown Housing Official will be notified.
All fees due for water and sewer service must be fully paid up-to-date prior to water and sewer service being restored; no personal checks will be accepted.
A reconnection charge of $100 will be imposed to reconnect the service.
[1975 Code § 113-3; New]
a. 
Repairs to water meters shall be made by the Water Department at its expense; provided, however, that if proper protection has not been provided, expense incurred for repairing or replacing a meter shall be charged to the owner of the premises where installed.
b. 
The Water Department will test a meter at an owner's request for meter calibration provided:
1. 
A sum of $25 is placed into an escrow account at the time the old meter is removed and replaced by the Water Department.
2. 
The Water Department will promptly have the removed meter tested for calibration. If the meter is found to be accurate or measuring at a rate less than 100% of the actual water used, the Borough will retain the twenty-five ($25.00) dollar deposit to pay its expenses for testing and labor.
3. 
If the removed meter is found to be "fast," that is measuring at a rate greater than 105% of the actual water consumed, the meter owner's deposit shall be returned.
[1975 Code § 113-4; New]
Subject to the provisions of this chapter, amendments hereto and subsequent resolutions of the Borough Council, the Licensed Water Plant Operator, together with the Councilman in charge of water and the Superintendent of Public Works shall exercise general supervision and control of the water supply of the Borough, including all physical plants and properties connected therewith.
[1975 Code § 113-5]
No water connection or opening of any street or sidewalk for the introduction or change of water facilities shall be made to any portion of the water supply system by any person or persons, firm, association, partnership, corporation or organization except upon proper permit issued in writing by the Licensed Water Plant Operator.
[1975 Code § 113-6; Ord. No. 10-2017]
a. 
Applications for individual water service shall be made on application forms provided by the Borough Water Department. Users shall be subject to Borough ordinances and rules and regulations.
b. 
30 days' written notice shall be given to the Water Department if water service is to be terminated. In the event of termination, the Water Department shall disconnect the service either at the curb box or at the water main, at the sole discretion of the Water Department, depending upon the circumstances presented by the application for termination of water service.
[1975 Code § 113-7; Ord. No. 011-83]
Each owner shall have installed at his expense two stop-and-waste valves on the service pipe inside the building. The valves shall be installed on each side of the water meter within one foot of the water meter and shall be so located so that the water supply may be shut off without difficulty. The applicant for water service must provide a readily accessible place on the premises for locating the water meter so that the stop-and-waste valves can be located in accordance with the requirements of the within section.
[1975 Code § 113-8; Ord. No. 011-83]
a. 
Each house, each building, each store and each apartment unit in a house or building on a property requiring or using water services shall be separately metered.
b. 
In multiple-family dwellings or multiple-use dwellings that do not comply with paragraph a., above, where only one water meter is installed in such dwellings or buildings, the rates to be charged shall be the minimum rate multiplied by the number of families or tenants for which the dwelling or building may be used, whether occupied or not, and the charges in excess of minimum rates shall be as set forth herein; however, in each category there shall be allowed a use of 2,000 cubic feet times the number of families or tenants for which the dwelling or building may be used, whether occupied or not.
[1975 Code § 113-9; Ord. No. 19-2016]
Service under an application may be discontinued for any of the following reasons:
a. 
Refusal of reasonable access to the property for purposes of inspecting, reading, caring for or removing meters.
b. 
Fraudulent representation on the part of the owner of the premises.
c. 
In the event that any property is determined by the Borough, in its sole discretion, to meet the definition(s) of Abandoned Property and/or Vacant Property, as set forth in Chapter 12, Section 12-8.
The Borough will exercise every precaution to give reasonable notice before any discontinuation of water service, but will not be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such water service.
[1975 Code § 113-10]
Only employees of the Water Department may remove, repair or replace a meter attached to a water pipe used or intended to be used to supply water to any premises.
[1975 Code § 113-11]
a. 
No person shall be entitled to damages or rebate of any portion of payments due because of accidents, additions or repairs to any portion of the water system.
b. 
All consumers having boilers upon their premises depending upon the pressure of the water main pipes of the Water Department to keep them supplied are hereby cautioned against danger of collapse, and any such damage must be borne exclusively by the consumer. To provide against accident to boilers or hot water heaters, a safety valve should be installed to relieve excessive steam pressure or a tank should be provided, arranged to keep the supply of water in such boiler or heater when the water supply is discontinued at the main.
[1975 Code § 113-12]
The Water 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 Licensed Water Plant Operator such restriction or regulation may be necessary for the safety of the community in case of fire or other emergencies; in case of emergency, the Water Department may shut off the water supply to make repairs and the Borough shall not be liable under any circumstances for the shutting off thereof or for deficiency or failure in the supply of water, whether occasioned by the shutting off of water or for any other cause whatever, nor shall the Borough be liable for any damage caused by increased pressure put on the mains during the time of fire, reasonable drills by the fire company or any other time.
[1975 Code § 113-13; New]
In the event that the Licensed Water Plant Operator, after consultation with the Councilman in charge of water and the Superintendent of Public Works, shall determine that a shortage of water may occur due to prolonged drought, heat or level of standpipe or storage tanks or because any well serving the water system of the Borough is at a low level or because of breakdown of equipment of the water system or necessity for repair of same or for any other emergency reason, the following uses of water not essential to health, welfare and safety of the residents of the Borough or other users may be restricted or prohibited by order of the Licensed Water Plant Operator.
a. 
The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
b. 
The washing of automobiles, trucks, buses or any other type of mobile equipment.
c. 
The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces.
d. 
The washing of the outside of dwellings and of business establishments of any type.
e. 
The operation of any ornamental fountain or other structure making a similar use of water.
f. 
Swimming and wading pools, bathhouses and bathing establishments of any nature whatsoever.
[1975 Code § 113-14; New]
Complaints with regard to the character of the service furnished or the reading of meters or to bills rendered shall be made in writing to the office of the Mayor and Council.
[1975 Code § 113-15; Ord. No. 017-77; Ord. No. 02-80; Ord. No. 013-85]
a. 
Charges for tapping of the water main for service pipe to curb, including corporation and curb stops and street excavation, shall be paid by the owner making application therefor. Such connection shall be made under Borough supervision and in accordance with methods approved by the Water Department. In the event of an opening for the purpose of repair or replacement of connecting pipes between a dwelling or other structure, either within or without the Borough limits, the cost of such repair or replacement shall be borne by the owner of the property from the curb stop to the dwelling or other structure. The cost of repair or replacement from the water main to the curb stop shall be the responsibility of the Borough of Allentown, except if the repair or replacement is necessitated by action or inaction by a homeowner. However, any cost associated with the maintenance, repair or use of the shutoff valve, regardless of where located, shall be the sole responsibility of the homeowner. In this context, the words "repair" or "replacement" shall be synonymous with "maintenance." The Borough reserves the right to determine the type, size and quality of the pipe to be employed, both from the water main to the curb stop and from the curb stop to the dwelling or other structure. In the event that the owner of the property fails to comply with the responsibility as stated herein for expenses incurred and the failure continues after written notice is received by the owner notifying the owner of responsibility for the costs, then the Superintendent of Public Works or the Licensed Water Plant Operator shall certify the cost to the Borough Council, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
b. 
Fees for tapping and connection shall be as established by resolution of the Borough Council. In the event that fees properly provided for by resolution shall not be paid, such fees shall become a lien upon the property for which service is required and shall, after notice thereof by certified mail to the owner, carry interest at the rate of 8% until paid.
c. 
"Emergency" is defined an unusual public exigency calling for exercise of the police power to alleviate common peril or need. Whenever a breach of a service line diminishes the water supply in the Borough standpipe to a level so low that danger of insufficient water to fight fires is present, the Mayor, the President of the Council, the Chairman of the Water and Sewer Committee of the Council, the Superintendent of Public Works or the Licensed Water Plant Operator may declare an emergency to exist, in which case the Borough shall repair the breach and take any action necessary to repair the same and shall bear the cost thereof.
[1975 Code § 113-16]
Any matter affecting water service in the Borough and not provided for herein shall be considered by the Borough Council and action taken thereon only after appropriate resolution shall be adopted.
[1975 Code § 113-17]
No plumber, owner or occupant of a premises shall turn on water to any premises in cases where water has been turned off for nonpayment of water rent or other cause without first obtaining a permit therefor from the Licensed Water Plant Operator.
[1975 Code § 113-18]
No person shall break, damage, destroy, uncover, deface or tamper with any structure, meter, line, appurtenance or any equipment which is part of the municipal system of the waterworks and plant of the Borough.
[1975 Code § 113-19]
The initial cost of a water meter being installed according to Borough specifications shall be the responsibility of the owner or builder, and such meters shall be furnished by the Borough at the prevailing cost to the Borough.
[1975 Code § 113-20; Ord. No. 19-2016]
Any person desiring to open a Borough street for the purpose of installing water service shall, after submitting the necessary application, post a bond approved by the Borough Attorney in the amount of $1,000 to be held as a guaranty to the Borough that the street will be properly restored within five days of the opening, weather permitting. In the event such person shall fail to restore the street within the time period, the street will be restored by the Borough and the bond forfeited and applied to the cost, and such person or persons shall receive any remaining balance but shall be liable for any additional costs.
[1975 Code § 113-21; New]
Any person violating any of the terms or provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.