[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.
[Ord. No. 13-2016;; Ord. No. 9-2018; amended 11-25-2025 by Ord. No. O-11-2025]
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 are generated on a quarterly basis and are due upon receipt. A surcharge/penalty of 10% of the quarterly bill shall be added if payment is not made on or before the due date printed on the bill.
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:
(a) 
Buildings with water-booster pump(s) and/or water storage tanks(s).
(b) 
Buildings with carbonated beverage dispensers.
(c) 
Buildings with fire service.
(d) 
Systems subject to back pressure.
(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.
[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.