[HISTORY: 1973 Code §§ 104-1—104-29
as amended through October 13, 2016. Amendments noted where applicable.]
[New]
A.
All authority connected with the public water supply of the borough
and the administration thereof are vested in the Mayor and Council
of the Borough of North Caldwell. Any powers delegated to officers
of the borough are granted to them as agents and ultimate power to
make decision in any matter resides wholly in the Mayor and Council.
B.
The employees of the Water Department shall consist of a Water Utility
Administrator, Water Utility Superintendent and Water Utility Account
Clerk and such other persons as are deemed necessary for the proper
conduct of the Department.
C.
The Water Utility Administrator and Water Utility Superintendent
shall be in direct charge of all maintenance and mechanical operations
of the Department under the supervision of the Mayor and Council.
He shall be appointed by the Mayor, with the advice and consent of
the Council, and shall hold office during the pleasure of the Council;
unless sooner removed, he shall hold office for one year and until
his successor shall have qualified. The Water Utility Administrator
and Water Utility Superintendent shall be on an annual salary basis,
the amount to be determined by the Mayor and Council.
D.
The Water Utility Account Clerk shall be in direct charge of all
financial operations of the Department, under the supervision of the
Mayor and Council. He shall be appointed by the Mayor, with the advice
and consent of the Council and shall hold office during the pleasure
of the Council; unless sooner removed, he shall hold office for one
year and until his successor shall have qualified. The Water Utility
Account Clerk shall be on an annual salary basis, the amount to be
determined by the Mayor and Council.
E.
As part of his duties, the Water Utility Account Clerk shall submit
to the Mayor and Council monthly, quarterly and annual reports covering
the income, expenses and operation of the Department. Each report
shall be prepared immediately following the close of the period to
which it applies.
F.
Other employees of the Department shall be employed by the Mayor
and Council.
The Water Department shall use diligence and reasonable care
to provide a continuous supply of water through its mains, but in
the event of breakage, failure, accident or work on the water distribution
system, or whenever in the judgment of the Department an emergency
may so require, the water supply may be shut off, with or without
notice, for so long a period as is deemed necessary. The Borough and
the Department shall not be liable to any consumer for any damage
resulting from such action.
A.
The Mayor and Council shall make such rules and regulations as it
may deem necessary for the conservation of its water supply, the maintenance
of its plant and the administration of the Department.
B.
The water supply of a consumer may be shut off by the Department
for any violation of the provisions of this article or of the rules
and regulations of the Mayor and Council. The Borough and the Department
shall not be liable to any consumer for any damage resulting from
such action.
The provisions of this article and any rules and regulations
of the Mayor and Council, now or hereafter adopted, shall be considered
a part of the contract with each property owner connected to the distribution
system, and such property owner shall be considered as having expressed
his acceptance thereof.
The Mayor and Council shall, as circumstances warrant, fix all
charges for water, water connection charges, meters, shutoff and turn-on
charges and all other charges by resolution.
A.
All charges of whatever nature in connection with the water system
shall be billed against the owner of the property served and shall
be payable to the Department at the office of the Department.
B.
Water bills shall be rendered and paid on a quarterly basis and shall
be due when rendered. A surcharge of 10% thereof shall be added to
and collected with the water bill when a bill becomes 30 days in arrears.
[Ord. No. 13-2016;; Ord. No. 9-2018]
C.
In the case of a bill unpaid 60 days after it becomes due, the water
supply may be shut off. A supply shut off for nonpayment of water
charges shall not be turned on again until all charges have been paid
plus a turn-on charge for restoring the service. All unpaid charges
shall immediately become a lien upon the property to which the water
was furnished.
A.
Application for connection to the water distribution system shall
be made in writing to the Department, on a form furnished by the Department,
and signed by the owner of the property to be served or by his authorized
agent. The water connection charge shall be paid at the time the application
is made. In case connection is not made for any reason, the water
connection charge, less any expense incurred by the Department, shall
be returned to the property owner.
B.
The water connection charge shall include the making of the tap in
the main, the corporation cock, the curb stop, the curb box and the
furnishing and installation of a water meter. Excavating work and
the furnishing and installation of the piping from the tap to the
meter shall be done by and at the expense of the property owner. A
grade and kind of pipe approved by the department shall be used.
C.
Where connection to the distribution system involves excavation of an improved street, the application shall not be accepted by the Department until the property owner or his agent has secured a street opening permit in accordance with the requirements of Article V, Street Excavations, of Chapter 88, Streets and Sidewalks, of the Code of the Borough of North Caldwell from the proper authorities.
D.
Where water service is furnished in connection with construction
work, the water shall be metered where practicable. Where metering
is not practicable, the service may be unmetered upon payment of construction
water charges as set forth in this article. Willful, malicious or
careless waste of water on unmetered service is forbidden.
E.
The Borough and the Department shall not be responsible for any damage,
however caused, consequent upon any work done in connection with the
installation of part or all of the line from a tap to a building.
[Amended by Ord. No. 13-2016; 3-22-2022 by Ord. No. O-2-2022]
A.
The location provided by a property owner for a water meter shall
be readily accessible for reading and maintenance purposes and shall
be such as to offer adequate protection against mechanical or freezing
damage to the meter. A shutoff valve shall be provided by the property
owner on each side of and directly adjacent to the meter. No fixture
of any kind from which water might be drawn shall be placed on the
street side of a meter except as herein provided. The meter shall
not be installed unless the location and facilities provided for it
meet the approval of the department.
B.
All repairs to water meters shall be made by the Department. No person
except an employee of the Department shall connect, disconnect, repair,
adjust or tamper in any way with a water meter.
C.
The Department shall maintain water meters in proper working order
insofar as normal wear and tear are concerned. The property owner
shall be charged for all damages to a meter resulting from injury
or negligence. Each water meter installed on any premises, for whatever
purpose, shall be so installed at the expense of the owner of such
premises. The cost of the meter, when requested by the property owner,
shall be paid for in full by the property owner prior to such installation
but shall at all times be subject to the supervision of the Borough.
The cost of the meter, when required and directed by the Borough,
shall be charged to the property owner or account holder in four equal
payments across four subsequent quarterly bills starting with the
first quarterly bill after installation of the meter.
D.
In the case of a written complaint that a water meter is not registering
properly, a test of the meter shall be made, upon payment in advance
of a testing charge. If the meter is found to be more than 3% in error,
the water charges shall be adjusted in accordance with the result
of the test. If the meter is found to be more than 3% fast, the testing
charge shall be returned.
E.
Failure of a meter to register properly shall be reported immediately
to the Department. Charges for water during the period of such failure
shall be computed on the basis of the average consumption over a reasonable
period prior to the failure.
F.
The Department shall have access at all reasonable hours to premises
connected to the water distribution system, for the purpose of reading,
inspecting and maintaining water meters and associated equipment.
The property owner or account holder's failure to provide such access
when required by the borough for said purposes shall result in the
termination of water service to the premises until such access has
been permitted and the applicable water service turn-on charge paid
to the Borough.
G.
For the purposes of measuring water use for generating water bills, all water meters shall be read by the property owner or account holder unless such meter can be read remotely by the Borough. Should the property owner or account holder fail to make such readings on a quarterly basis, the Department shall have access to the premises for such purpose pursuant to Subsection 104-8 F.
H.
Meter readings shall be recorded on a meter reading card (read card)
provided by the Department. Meter reading cards will be sent by mail
approximately 15 days prior to the Department's billing deadline.
I.
Property
owners or account holders shall record the meter reading on the reading
card provided and return said card to the Department by the date indicated
on the card unless the meter being read can be read remotely by the
Borough. A bill for water use based upon said reading will be generated
and issued. Meters which can be read remotely will be billed for water
consumption based upon the reading taken by the Borough.
J.
If a reading is not provided by the property owner or account holder
for any quarter, an estimated bill shall be generated by the Department
and the next quarter read card shall bear a warning advising of the
failure to provide a meter reading. This shall not be applicable to
meters which can be read remotely by the Borough.
K.
If a reading is not provided by the property owner or account holder
for two consecutive quarters, an estimated bill will be generated
by the Department and the next quarter read card shall bear a second
warning advising of the failure to provide a meter reading. This shall
not be applicable to meters which can be read remotely by the Borough.
L.
If a reading is not provided by the property owner or account holder
for three consecutive quarters, an estimated bill generated by the
Department and an additional charge of $100.00 shall be assessed to
the subject account. Each consecutive failure to provide a reading
shall result in an additional charge of $100.00, per quarter. This
shall not be applicable to meters which can be read remotely by the
Borough. In the discretion of the Borough Administrator, for good
cause, said additional charge, in an amount not to exceed $100.00,
may be waived on one occasion for any given water account.
M.
Property owners or account holders are required to provide reasonable access to water meters pursuant to Section 104-8 F. There shall be a fee of $50 per quarter charged for the continued use of an outdated meter, beginning the first quarter after a property owner is notified that they are required to have a meter installed and fails to provide access for the new meter installation.
A.
The service line includes the corporation cock, the curb stop, curb
box and the pipe between. The service pipe shall be at least four
feet underground. It shall be at a different level and shall be separated
by at least four feet from sewer and other pipes and on undisturbed
ground. The completed service line shall be inspected and approved
by the Department before it is covered.
B.
The Department shall maintain the service line at its own expense,
except that the property owner is responsible for the continuous provision
of free access to the curb box.
C.
No person except an employee of the Department shall turn water on
or off at a curb stop, unless an emergency exists. In such case, the
Department shall be advised immediately of the action taken.
[New]
A.
The private line includes the pipe and fittings from the curb stop
to the water meter. It shall be at least 4 feet underground at all
points outside the building served. It shall be at a different level
and shall be separated by at least four feet from sewer and other
pipes and on undisturbed ground, and it shall be made of a continuous
pipe having no connecting fittings if possible. The completed line
shall be inspected and approved by the Department before it is covered.
B.
The property owner shall be responsible for the maintenance of the
private line. He shall keep it in good repair and protect it from
damage due to frost or other causes, and shall be held liable for
damage or loss of water resulting from failure to do so.
C.
Leaks in private lines shall be reported promptly to the Department
and repaired by the property owner within a reasonable time. If repairs
are not so made, the water shall be shut off by the Department and
not turned on again until the line is put in serviceable condition,
and all charges for damage or loss of water have been paid.
D.
No addition or alteration shall be made to a private line until the
Department has issued a written permit for such addition or alteration.
E.
Physical connections and cross-connection control by containment.
(1)
At nonresidential facilities determined to present a cross-connection
hazard, property owners shall install an approved backflow-prevention
device at the connection between the public water system and any unapproved
water supply, source of contamination, or irrigation system, for the
purpose of preventing water flow in the opposite direction of normal
flow pattern.
(2)
Cross-connection hazards shall include any of the following, or as
otherwise determined by the Water Operator, to present a threat to
the public potable water supply:
(3)
Backflow-prevention devices and installations shall be in accordance
with the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et
seq., and the regulations promulgated pursuant thereto, N.J.A.C. 7:10-1.1
et seq.
(4)
Permits.
(a)
A permit is required for all cross-connection control devices
required under this section. Permits shall be obtained by making written
application to the Water Department on a form furnished by the Department.
A fee of $50 will be charged for the initial permit.
(b)
Permits shall be renewed annually and are not transferable.
A fee of $15 will be charged for permit renewal.
(c)
Permits are subject to revocation and become immediately revoked
if the property owner changes the type of cross-connection or the
degree of hazard associated with the service.
(5)
The cost of furnishing and installing a backflow-prevention device
shall be borne by the property owner. The completed installation shall
be inspected and approved by the Water Utility Superintendent.
(6)
The property owner where backflow-prevention devices are installed
shall have certified inspections and operational tests made of such
devices at least every 180 days. The inspections and tests shall be
at the expense of the property owner and shall be performed by a tester
holding a valid backflow-preventor-device-tester certificate issued
by a certifying agency approved by the New Jersey Department of Environmental
Protection. The property owner shall notify the Water Department in
advance when the inspections and tests are to be undertaken so that
the Water Utility Superintendent may witness the test or inspection
if so desired. The backflow-prevention device shall be repaired, overhauled
or replaced at the expense of the property owner whenever said device
is found to be defective. Records of such tests, repairs and overhaul
shall be kept and made available to the Water Department.
(7)
If, in the judgment of the Water Utility Superintendent, an approved
backflow-prevention device is required at the water service connection
to any property, the Water Utility Superintendent shall give notice
in writing to the property owner to install an approved backflow-prevention
device or devices within 90 days of said notice.
(8)
Any existing backflow-prevention device shall be allowed by the Water
Utility Superintendent to continue in service unless the degree of
hazard is such as to supersede the effectiveness of the existing backflow-prevention
device, or result in an unreasonable risk to the public health. Where
the degree of hazard has increased, a backflow prevention device must
be upgraded to a reduced-pressure-principle device, or a reduced-pressure-principle
device must be installed in the event that no backflow-prevention
device is present.
A.
A service line shall serve not more than one building, except that
where there is a combination of buildings owned by one party in one
common enclosure and occupied by one family or one business, a single
service line may serve all buildings in the enclosure.
B.
A single building shall have only one service line, except that a
double house having a solid vertical partition wall may have a service
line for each side of the partition.
C.
In other cases where two or more consumers occupy the same building
and it is desired that each consumer pay separately for the water
used by him, the necessary number of private lines may be installed
and connected to the single curb stop. The manifold connection shall
be underground outside the building foundations. The regular water
connection charge shall be made for each water meter used in excess
of the one ordinarily furnished. In case it becomes necessary to shut
off water at the curb stop of a building so equipped, whether for
nonpayment of a water bill or for any other reason, the building shall
be considered to be one unit by the department.
A.
Water supplied for municipal purposes, other than fire protection,
shall be metered if practicable, and the department shall be paid
for such water at its regular rates.
B.
An annual charge shall be paid by the borough to the Water Department
for fire hydrant rental. This annual charge shall be fixed by the
Mayor and Council.
C.
No person shall open any fire hydrant to draw water therefrom except
an authorized representative of the Fire Department, Department of
Public Works or Water Department of the borough.
No person shall at any time obstruct free access to any water
meter, curb stop, curb box, valve, hydrant or other equipment of the
water distribution system. Planting of or allowing the growth of foliage
so as to prevent visual accessibility to a hydrant from any location
on the street will be deemed as denying access.
A.
When requested by the property owner or his agent, the department
shall discontinue service to a property either temporarily or permanently.
A turn-off charge shall be made for discontinuing the service. A turn-on
charge shall be made when the service is restored, but in no event
shall water be turned on until all water charges have been paid.
B.
No adjustments of water charges due to failure of the department
to discontinue or restore water service as requested by a property
owner shall be made unless the request for discontinuance or restoration
is in writing and duly filed with the department.
A.
All complaints regarding water charges, distribution and consumption
shall be made to the Water Department office.
B.
The Mayor and Council shall make such adjustments of water charges
as seen reasonable in the settlement of complaints.
C.
In cases where an adjustment of a water charge has been made, a written
report covering the matter completely shall be prepared and filed
by the department with the Mayor and Council.
Any person doing plumbing work in connection with the installation
and maintenance of a private line shall comply with all the rules
and regulations of the State Department of Environmental Protection,
the Construction Code and of the Board of Health of the Borough of
North Caldwell, and shall be performed under the supervision of the
Department.
[New]
Any person, firm or corporation who shall violate any of the provisions of this article I shall, upon conviction, be subject to a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq. Each violation of any of the provisions of this article I, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
The Mayor of the Borough of North Caldwell, with the advice
and consent of 2/3 of the Council, be and is hereby authorized, empowered
and directed, at such time or times and from time to time as said
Mayor shall deem necessary and desirable, to formally proclaim that,
in the judgment of the Mayor and Council, an emergency then exists
in the potable water resources of the water system of the Borough
of Essex Fells, which supplies potable water to the Borough of North
Caldwell and other municipalities, or in the water supply resources
of the Borough of North Caldwell, or both, requiring the taking of
measures for the conservation of water and the prevention of waste
as are hereinafter specified.
Said proclamation may include therein such regulations for the
use of said water as may be necessary to effectuate the purposes of
this article, and such regulations may be amended, supplemented and
revised or repealed from time to time by said Mayor, with the advice
and consent of 2/3 of the Council, by subsequent proclamation. Said
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; and may allocate and prorate the available
water supply; and 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 such emergency.
Said proclamation shall immediately be filed in the office of
the Borough Clerk, and shall be duly published once in one of the
official newspapers of the Borough of North Caldwell, and, upon the
making of said proclamation of emergency, the publication thereof
and the filing of the same in the office of the Borough Clerk, such
proclamation and regulations shall be conclusive upon all consumers
of water in the Borough of North Caldwell, and it shall be the duty
of the consumers to take notice thereof and comply therewith.
The Borough Clerk shall also forthwith give notice of said proclamation
to the various departments of the borough to refrain from street and
gutter flushing, hydrant flushing, fire hose testing and other similar
practices, except as said practices are deemed necessary in the interests
of public health or safety, and until said emergency is declared by
the Mayor to no longer exist.
During the existence of said 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 said 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, said plumbing
system shall be forthwith repaired and said leaks shall be eliminated
within 36 hours after such report.
During the existence of the emergency, it shall be unlawful
to use water from the potable water system of the borough 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.
If, during said emergency, the restrictive measures above provided
shall be, in the judgment of the North Caldwell Mayor and Council,
ineffective in conserving an adequate water supply for the people
of the area served by the Essex Fells water system, the said Mayor
and Council are authorized and directed hereby to promulgate and put
into effect by proclamation as aforesaid, such rationing measures
as they deem necessary, so that the then available water supply shall
be equitably apportioned throughout the area served.
It shall be unlawful for any consumer, or his tenant, licensee,
or occupant of any building, in the Borough of North Caldwell during
the existence of said emergency, to violate any potable water rationing,
regulation or restriction which may be promulgated by proclamation
as aforesaid.
[New]
A.
During the existence of the emergency, any person or persons, firm or corporation, violating any provision of Section 104-22 of this article shall, upon conviction thereof before the Municipal Court Judge, suffer a fine or penalty not exceeding $500 for the first conviction and, for a second or subsequent conviction, a fine or penalty not to exceed $1,000, in the discretion of the Judge.
B.
During the existence of the emergency, any person or persons, firm or corporation violating any of the provisions of Section 104-23 shall, upon conviction thereof before the Judge, suffer a fine or penalty not to exceed $500, in the discretion of the Judge. For a second or subsequent violation of any provision of Section 104-23 of this article, the offender shall, upon conviction before the Judge, suffer a fine not in excess of $1,000 and/or imprisonment not in excess of 10 days, or both, as may be fixed by the Judge in his discretion.
C.
Any person or persons, firm or corporation violating any rationing provision, or rule or regulation so promulgated under Section 104-24 of this article, upon conviction thereof before the Judge, suffer a fine or penalty not to exceed $500 for the first offense, and a fine or penalty not to exceed $1,000 for a second or subsequent offense, in the discretion of the Judge.
D.
If a violation of Sections 104-22 and 104-23 of this article, or the violation of any regulations set forth in the emergency proclamation of the Mayor and Council under the authority of Section 104-24 hereof, shall continue for more than 36 consecutive hours, then such violation shall, after said period of 36 hours, be taken and construed to be a separate and new offense and subject to the separate penalties hereinbefore specified.
The Water Department of the borough, 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 said violation shall have occurred 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 such
violations shall occur.
The Water Department of the Borough of North Caldwell shall,
immediately upon the issuance of such emergency proclamation by the
Mayor and Council as herein provided, give notice, by mail and by
posting in public places in the borough 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.
Nothing herein contained shall be construed to in any way repeal
any provision of an ordinance governing the operation of the Water
Department of the Borough of North Caldwell.
See Chapter 45, Fees, for water fees.
