[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; amended 8-11-2020 by Ord. No. 06-2020; amended 11-10-2020 by Ord. No.
09-2020]
a.
Effective with the first water billing due on and after January 1,
2021, a minimum flat-rate fee will be billed at $75 per quarter, and
all water used shall be billed at the rate of $0.014 per gallon per
quarter.
b.
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.
c.
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;
amended 8-11-2020 by Ord. No. 06-2020; 11-10-2020 by Ord. No. 09-2020]
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. The Chief Financial Officer shall have the authority to
waive de minimus amounts due that are less than $5 in value.
[Ord. No. 05-2009 § 1; Ord. No. 10-2009 § 1; amended 11-26-2019 by Ord. No.
21-2019; 8-11-2020 by Ord. No. 06-2020]
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 $25 late fee 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.
[Amended 11-10-2020 by Ord. No. 09-2020]
[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.
[Added 8-9-2022 by Ord.
No. 07-2022]
a.
Purpose and Authority. The Borough finds that the presence of lead
in drinking water represents a threat to the public health and welfare
of its citizens, and that pipes containing lead that connect water
mains to homes and other buildings, called lead or galvanized service
lines, are significant sources of lead in drinking water. As such,
under the authority granted the Borough by N.J.S.A. 58:12A-38 and
N.J.S.A. 58:12A-39, the Borough hereby declares its intent to identify
and replace all lead and/or galvanized service lines within the Borough,
including the authority to enter upon any property within the Borough
to replace all existing lead and/or galvanized service lines.
b.
Scope of Property Owner/Borough Responsibilities.
2.
A "lead service line" is a water supply connection that is made of,
or lined with, a material consisting of lead, and which connects a
water main to a building inlet. A lead pigtail, lead gooseneck, or
other lead fitting shall be considered to be a lead service line,
regardless of the composition of the service line or other portions
of piping to which such piece is attached. A galvanized service line
shall be considered to be a lead service line. A lead service line
may be owned by the Borough, a property owner, or both.
3.
In the case of a "lead service line", the Borough shall be responsible
for replacement of all pipes, tubing, and fittings connecting its
water main to a building or structure, including the water meter for
the property.
c.
Borough's Right-of-Entry to Replace Lead Service Lines. The
Borough shall have the authority to enter any property within the
Borough to perform a lead service line replacement, provided that
the Borough provides the owner and any residents of the property with
notice at least 72 hours before entering the property, unless in the
case of an emergency as determined by the New Jersey Department of
Environmental Protection.
1.
For the purposes of this subsection 19-2.15c, notice to the owner and any residents of the property shall include an attempt to inform the owner and any residents in person of the date and time of the lead service line replacement, and if the owner or a resident is unable to be reached in person, the Borough shall send, by certified mail, a letter to the owner and any residents or post a written notice in a prominent location on the property which shall include:
(a)
The scheduled date and time of the lead service line replacement
and who will be performing the replacement;
(b)
The likely extent of water service disruption;
(c)
Nearby locations where the municipality or a public water system
is distributing supplementary drinking water, if any; and
(d)
Any remedies that the municipality shall take if the municipality
or municipal water system, or an agent thereof, is unable to access
the property.
[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.
The Borough's water connection fees for tapping and connection shall
be $3,650. In the event that such fees are not 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.
[Amended 11-10-2020 by Ord. No. 09-2020]
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.
