[Prior code § 14-1; amended by Ord. 87-10 § 1, 1987]
This chapter establishes the rules and regulations of the Water Department of the Borough; fixes the rates and rentals to be charged for water or other services, and prescribes penalties for violations.
[Prior code § 14-2; amended by Ord. 87-10 § 1, 1987; Ord. No. 2010-19, §§ 1, 2, 10-26-2010; Ord. No. 2015-02, § 1, 1-27-2015]
A. 
Connection permits. No person shall, without a permit from the superintendent or other person duly authorized by the water committee, introduce a ferrule into any public or private pipe or form any connection or communication whatsoever with such pipes, or break ground for that or any other similar purpose, or introduce or use a ferrule of larger diameter, or make any attachment or do anything other than is specified in his or her permit. No private hydrant for domestic use shall be allowed to be erected on any public street or highway where it may become a source of supply to any person who is not entitled to its use. The person obtaining the permit shall pay the required fee prescribed in Section 13.04.030 of this chapter.
B. 
Conditions for issuance. All permits shall be granted upon the express condition that if from any cause, the supply of water shall fail, the Borough shall not be held liable for any damages which arise as a consequence.
C. 
Responsibility of permittees. The owner and the plumber shall be responsible for supplying the material and the installation of the water service lateral including the tap in the main, curb shutoff, meter pit, and shall complete trench and street restoration in accordance with the Water Department guidelines. The Water and Sewer Department will require a forty-eight-hour notice prior to installation in order to schedule an inspection. An inspection fee of $50 will be required for each water service lateral. In opening any street, alley or public ground for the introduction of any water service, pipe or connection under the authority of a permit from the Water and Sewer Department, both the owner and the plumber so opening the street, alley or public ground shall be held responsible, and all due precautions, such as barricades, red lights and other necessary means to prevent accidents, shall be taken by the owner and plumber, and all service pipes in all streets or private grounds, shall be laid at least 42 inches under the surface of the ground, and plumbers shall be required to thoroughly pack back the dirt in the ditches, in all trenches opened by them, and to keep gravel and sand entirely separate in opening any trench, and to replace same as near as possible.
[Prior code § 14-3; amended by Ord. 87-10 § 1, 1987; Ord. 91-4 § 1, 1991; Ord. 91-24 § 1, 1991; Ord. 93-14 § 1, 1993; Ord. 94-14 § 1, 1994; Ord. 96-22 § 1, 1996; Ord. 97-1 § 1, 1997; Ord. 99-4 § 1, 1999; Ord. 2001-20 §§ 2, 4, 2001; Ord. 2003-3 § 1, 2003; Ord. 2005-19 §§ 1 — 5, 2005; Ord. 2006-11 § 1, 2006; Ord. 2006-31 §§ 1, 2, 2006; Ord. 2007-10 § 1, 2007; 2009-02, § 3, 3-24-2009; 2009-12, §§ 1, 2, 6-23-2009; Ord. No. 2010-19, §§ 3, 4, 10-26-2010; Ord. No. 2011-08, § 1, 7-26-2011; Ord. No. 2015-02, § 2, 1-27-2015; Ord. No. 2015-19, § 1, 12-22-2015; Ord. No. 2016-06, §§ 1 — 3, 3-22-2016; Ord. No. 2016-23, §§ 1, 2, 9-27-2016; Ord. No. 2017-02, § 1, 3-28-2017]
The fees and rates for water to the consumers of water in the Borough shall be classified according to the following categories and schedules. Water rates in accordance with this section will be charged in accordance with the issuance of an occupancy permit.
A. 
Tappage fee. The tappage fee for any connection to the water system in the Borough shall be as follows:
1. 
Tapping fee for single and duplex residential units shall be as follows:
a. 
3/4-inch tap: $2,225.
b. 
One-inch tap: $2,325.
c. 
Two-inch tap: $3,550.
d. 
Four-inch tap: $14,200.
e. 
The tapping fee for a fire suppression system shall be $1,475 regardless of the size of connection to the water system.
f. 
For duplex units a tap is required for each unit.
2. 
Tapping fee for multifamily and nonresidential properties shall be based on equivalent dwelling unit (EDU) at a fee of $2,225 per EDU. Water connection fees shall be based on projected water consumption of the property with each equivalent dwelling unit (EDU) comprising of 60,000 gallons of annual water consumption. The calculation of the connection fees for multifamily residential units and all nonresidential properties shall be determined by the Borough engineer based upon the application and documentation provided by the applicant. Application and documentation shall include the projected water consumption data supplied by the applicant's engineer in accordance with the flow rates stipulated in N.J.A.C. 7:10-12.6 Water Volume Requirements in preparing the water application for approval by the governing body. It shall be within the discretion of the Borough engineer to request additional documentation from the applicant as he/she deems appropriate. The tapping fee for a fire suppression system shall be $1,475 regardless of the size of connection to the water system.
3. 
The amount of the connection fee for multifamily and nonresidential properties shall be based upon an estimate as calculated in accordance with this chapter; and, after receiving a recommendation from the Borough Engineer, the connection fee shall be paid before the issuance of a certificate of occupancy. Payment shall be made by certified check, cashier's check or bank check.
[Amended 11-26-2019 by Ord. No. 2019-23]
B. 
Rates, fees and charges. The following rates, fees and charges shall be made and collected for the services and facilities of the comprehensive water system, commencing the service year of 2017:
1. 
Flat fee for single dwelling unit, whether contained in single-family residence, duplex apartment, condominium, or other multifamily or project: $300;
2. 
For each additional dwelling unit, whether contained in a duplex, apartment, condominium or other multifamily structure or project: $300;
3. 
All individual multifamily units serviced by a number of meters for the building, group of buildings or project in which the unit is located, less than the amount of the total of the units, shall be considered a metered unit and, in addition to the flat fees for each unit, the corresponding gallon usage charge, as set forth below, shall be pro-rated among such units;
4. 
The quarterly minimum in gallons and minimum annual charge as set forth below for metered commercial establishments shall, in the case of a multifamily structure or project, be multiplied by the number of individual dwelling units contained in the multifamily structure or project;
5. 
In addition to all the above pertaining to multifamily structure and project, all metered use attributable to the multifamily structure or project, without regard to form of ownership, and not attributable separately to each dwelling unit, shall be charged to the owner, occupant or association as the case may be, according to the commercial establishment schedule set forth below:
a. 
Swimming pool: $200.
b. 
School: $400.
c. 
Sprinkler system - lawn: $200.
6. 
If a property contains more than one category in the above schedule, they will be billed for each such item;
7. 
As of January 1, 1979, all commercial and nonresidential establishments shall be metered and the owner must bear the cost of meter, installation, and any and all repairs and maintenance of such meter or meters;
8. 
Commercial property flat fee: $375;
9. 
Gallonage use. Gallonage use shall be charged at the rate of $2.68 per 1,000 gallons.
10. 
Notwithstanding any provision to the contrary, effective January 1, 2007, all new residential construction and major renovations to any structure, including residential dwelling units, shall install remote-read water service connection meters and meter pits, in accordance with the specifications adopted by the Borough superintendent. No certificate of occupancy for any such new construction or renovation shall be issued until a certification of the installation of the appropriate water meter is provided by the Borough superintendent to the construction code official.
The owners of the above-described properties shall be billed for metered water usage in accordance with the following schedule:
There shall be a minimum fee of $62.50 per quarter for each residential dwelling. Thereafter, the following fees shall be calculated quarterly and billed annually:
Amount
Fee
0 to 14,000
$1/thousand gallons
14,001 to 25,000
$1.80/thousand gallons
25,001 to 50,000
$3.70/thousand gallons
50,001 to 150,000
$5.50/thousand gallons
150,001 to 300,000
$8.10/thousand gallons
Over 300,000
$9.50/thousand gallons
For the purpose of this subsection, major renovation shall mean any repair, reconstruction, rehabilitation addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure either before the improvement is started or if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is commenced when the first alteration of any structural part of the building is begun.
Any newly installed irrigation systems will require the installation of a meter and meter pit.
11. 
All water service connection meters and equipment shall be obtained from a vendor with specifications provided by the Water/Sewer Department.
12. 
Water connection reinspection fee: $50.
C. 
Rates and rules subject to change.
1. 
The cost of a permit for opening any state or county road or highway is to be paid for by the person or corporation desiring water.
2. 
A service charge of $125 shall be paid each time the water is turned on and a like charge when the water is turned off during normal business hours (7:00 a.m. to 3:00 p.m.). The Water Department shall be notified 48 hours in advance of any water turn-off or turn-on. Any turn-on or turn-off after normal business hours shall be at a rate of $200. Any emergency turn-off service rendered by the Water Department shall be at a rate of $200 whether the turn-off occurs during normal business hours or off-hours. In cases where the water has been turned off for nonpayment of a water bill, the Borough reserves the right to turn the water on again when all back bills and service charges have been paid.
3. 
The use of the public water supply for the jetting of pilings and sheathing shall be prohibited.
4. 
All other charges will be in accordance with meter documentation.
5. 
Water service for residential properties without remote-read water service connection meters shall be billed together with sewer and the bills shall be sent out on or before April 1st of each year. One-half of the full amount for water and sewer shall be due by May 1 and the balance due as of October 1. Water service for residential properties which have installed remote-read water service connection meters shall be billed together with sewer based on quarterly meter readings. Bills will go out within 15 days of meter readings and are due and payable within 30 days of billing. Any payments received subsequent to the due dates shall be considered delinquent accounts and shall be charged at an interest rate of 8% per annum.
6. 
The bills for commercial water and sewer shall be billed together based on quarterly meter readings. Bills will go out within 15 days of meter readings and are due and payable within 30 days of billing. Any payments received subsequent to the due dates shall be considered delinquent accounts and shall be charged at an interest rate of 8% per annum.
7. 
The Borough Council reserves the right to change the rules and regulations and the rates for the use of water from time to time to make special rates on contracts in all proper cases, to shut off the water for alterations, extensions and repairs and to stop and restrict the supply of water whenever it may be found necessary. The Borough shall not be liable under any circumstances for a deficiency or failure in the supply of water, whether occasioned by the shutting off of water to make repairs or connections or for any other cause whatsoever. Council may attach meters at any time it may deem it expedient, and to thereafter charge for the quantity of water measured or used and to make reasonable charges for the use of the meters.
8. 
The Borough reserves the right to shut off water service to any property for any water bill which remains unpaid beyond 90 days.
D. 
Water Department revenues and accounts.
1. 
The office manager of the Ship Bottom Water-Sewer Department shall handle all billing transactions, collection of permit fees as described in this chapter, and collecting and depositing such moneys. The office manager shall keep separate ledger accounts for each person buying water from the Borough, such account to show the category under which each person is buying water. He or she shall collect for and receipt all permits before the superintendent issues them, and shall account for the permits upon the proper books of the Borough.
2. 
The funds collected and deposited then become the responsibility of the treasurer of the Borough.
E. 
Demolition. When a property is demolished, the owner and plumber shall be responsible for turning off the water, and cutting and capping the water service. The Water and Sewer Department will require a forty-eight-hour notice prior to the work in order to schedule an inspection. An inspection fee of $50 will be required for each cut and cap.
[Prior code § 14-4; amended by Ord. 87-10 § 1, 1987; Ord. 93-7 § 1, 1993; Ord. 94-4 § 1, 1994; Ord. 95-17 § 1, 1995; Ord. 2005-18 § 6, 2005; Ord. No. 2015-02, §§ 3 — 5, 1-27-2015]
In addition to all other provisions of this chapter, the following regulations shall govern water services, the use of water and protection of Borough equipment and property in the Borough:
A. 
Access to premises. The superintendent or other person authorize by the water committee shall, at all reasonable hours, have free access to all parts of the premises to which water is supplied, for the purpose of inspection, examination of fixtures and other investigations necessary to implement the provisions of this chapter.
B. 
Maintenance of apparatus. All persons who may be supplied with water from any of the Borough mains shall keep their own service pipes, stopcocks, curb boxes and apparatus in good repair and protected from frost at their own risk and expense, and shall prevent any unnecessary waste of water. It is expressly stipulated that no claim shall be made against the Borough by reason of the breaking of any service pipe, service cock or other fixtures, or from damage arising from shutting off water to repair or alter mains or to make connections with them.
C. 
Water conservation restrictions. The usage of water for the sprinkling of lawns and gardens during the peak season of June 1 through September 30, will be restricted to odd-even days. Odd-number houses may water on Sundays, Wednesdays and Fridays. Even-numbered houses may water on Tuesdays, Thursdays and Saturdays. Watering is permitted between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 7:00 p.m. to 10:00 p.m. No watering is permitted on Monday. Any person or persons convicted of a violation of this subsection shall be fined not less than $100 per violation.
1. 
Nozzles shall be required on all water hoses;
2. 
All establishments serving food and drink shall only provide water by request to their customers;
3. 
Rain sensors shall be installed on all automatic irrigation/sprinkler systems;
4. 
The laying of sod shall be prohibited from June 1 through August 31;
5. 
Compliance with water conservation performance standards for new and replacement plumbing fixtures as per the latest revision of the Uniform Construction Code;
6. 
The use of potable water bubble systems as freeze protection for docks, pilings, bulkheads and other similar structures is prohibited.
D. 
Reinstatement of water service. In all cases where water has been turned off for nonpayment of water rent or for violation of any of the provisions of this chapter, or any rules and regulations relating to the use of water, it shall not be turned on again until all expenses incurred by the turning off and on of the water, together with the rent and any fine and penalty that may be due, are paid. If it is found that the water has been turned on again without compliance with the above-mentioned requirements, it is lawful for the water committee to cause the ferrule to be withdrawn, and it shall not be inserted again until all back rents, fines, and penalties are paid.
E. 
Waste. No person shall permit water to flow unnecessarily from any part of a private pipe or fixture even to prevent freezing, nor shall any person permit waste of water on his or her premises or the premises occupied by him or her, either within a building or upon any yard, street or alley.
F. 
Investigation by Water Department. The superintendent or other person designated by the water committee shall be authorized to inquire at any dwelling or other place from which any unnecessary waste of water proceeds, into the cause of such waste. If the waste arises from the need of repair in pipes and fixtures, and if the owner or occupant of the premises neglects or refuses, upon being given 24 hours' notice, to have the necessary repairs made in a timely manner, the superintendent or other designated person is authorized and empowered to shut off the water leading to such place or premises, and no person shall turn on the water before the necessary repairs are made.
G. 
Private fire hydrants. No person shall be permitted to introduce upon his or her premises a fire hydrant for the protection of his or her property from fire who shall use or permit to be used the hydrant for sprinkling or washing the yard or streets, filling wells, boilers or tanks, or for any purpose whatever except its legitimate use for the extinguishment of fires. Upon repetition of such offense, the water committee or superintendent shall be authorized to detach the connections of the fire hydrant from the main.
H. 
Use of public hydrants. No person shall use or open any fire hydrant without the permission of the water committee or superintendent of the Water Department, use wrenches on them other than those intended, leave caps off of hose connections, or in any way damage them.
I. 
Obstructing fire hydrants. No person shall obstruct access to any fire hydrant, stop valve or other fixtures connected with the supply of water to the Borough by placing thereon, or within 10 feet thereof, stone, brick, lumber, dirt or any other material, or to be so placed by any in their employ. If any person shall neglect or refuse to remove any obstruction or impediment in a timely manner after notice being given by the water committee, superintendent or other authorized person, the water committee, superintendent or other authorized person may cause its removal and charge removal costs to the offender.
J. 
Fire wrenches. The wrenches of the fire hydrants shall be in the charge of such person as may be designated by the water committee. Fire hydrants shall not be opened for any other purpose other than for the extinguishment of fires, except by permission of the water committee or the superintendent of the Water Department. The person entrusted with the wrenches of the fire hydrants shall not fail to close the fire hydrants as soon as the fire is extinguished.
K. 
Damage to equipment. No person shall break, injure or do any damage whatever to any engine, pump or machinery, or to any pipe valve, stopcock, fire hydrant or other fixture or appurtenances pertaining to or connected with the water works; nor shall be or she throw or put stones, earth, filth or any foreign matter or substance whatever into the reservoirs, wells or waterways, or place sticks, stones or other matter in curb boxes; nor shall be or she dig or break the earth in any of the streets or grounds for the purpose of disturbing, moving or injuring any pipes, valves or other fixtures or appurtenances or obstructing the passage of water through them.
L. 
Stopcocks or valves. No plumber or other person shall open or close any of the stopcocks or valves under the charge of the water committee without being duly authorized by the superintendent of the water committee.
M. 
Laying of pipes. All private pipes shall be laid to a depth of not less than 42 inches below the surface of the ground. Every plumber or other person laying such pipes shall be liable for the expense incurred in taking up and relaying such pipe to the required depth, in addition to the penalty provided for in Section 13.04.120C. In all cases where an opening shall be made in any of the streets of the Borough for the purpose of connecting any private pipe with the public main or of extending, repairing, renewing or removing the private pipe, the opening shall be filled as soon as circumstances permit, and the roadbed and surface of the streets, and the paving and curbing firmly relaid and fixed in good order at the sole cost of the owner of the private pipe.
N. 
Water mains in new streets. Any person laying out new streets on which the Borough lays water mains, who fails to grade and cover same and to keep same covered to protect them from frost before the streets are accepted by the Borough shall be liable for all damage to water mains and for any loss of water that may occur. In no case is the laying of water mains in any street to be considered an acceptance of the street by the Borough.
O. 
Evasion of regulations. Should the superintendent or water committee have reason to believe that there is actual or probable evasion or disregard of any of the provisions of this chapter, or any rules or regulations relating to the distribution of water in any building, lot of ground or premises into or through which pipes for conducting a supply of water have been laid, it is lawful for the superintendent of the Water Department or other person authorized by the water committee to enter at all reasonable times into such building, lot or ground or premises for the purpose of examining the pipes of conduct or other fixtures and ascertaining whether they are in proper order and repair, and for cutting off all pipes of communication or shutting off the stopcocks or detaching the ferrules where delinquencies occur in the payment of water rent, and no person shall turn on the water or cause the water to be turned on without their authority.
P. 
Penalty. Any person or persons convicted of a violation of any of the provisions of this chapter shall be subject to a violation penalty of not less than $100 nor more than $500 in the discretion of the municipal court judge.
[Added 2-25-2020 by Ord. No. 2020-01]
A. 
Meters Required. Notwithstanding any provision in this chapter to the contrary, effective January 1, 2020, all water taps made and services installed must be metered. Any building or structure heretofore or hereafter constructed, designed or used for use or occupancy by persons, be it temporary or permanent, shall be required to supply and install a meter pit, a water meter and assembly in accordance with the rules, regulations and specifications of the Ship Bottom Borough Water and Sewer Utility Department.
B. 
No person, other than an employee or agent of the Ship Bottom Borough Water and Sewer Utility Department, shall remove, replace or, in any manner, interfere or tamper with a meter attached to a water pipe used or intended to be used to supply water to any buildings. This applies whether the meter is set within or without a building. Any plumbing configuration intended to bypass the meter is prohibited and shall be considered theft of service, as well as a violation of this section.
C. 
All building lateral pipes shall be kept in good repair and protected from frost at the expense of the property owner. For the purpose of this section, a building lateral pipe is the pipe and appurtenances between the building and the shutoff valve located at or near the street curb or near the property line.
D. 
No person or persons, unless authorized by the Borough, shall open or close the Borough's shutoff valve located at or near the street curb or near the property line or valves in any of the Borough's water mains. A water main is a water pipe in a public street or easement other than a service connection.
E. 
The Borough reserves the right to change its rules and regulations for the use of water from time to time, to shut off the water for alterations, extensions and repairs and to stop and restrict the supply of water whenever it may be found necessary; and the Borough shall not be liable under any circumstances for a deficiency or failure in the supply of water, whether occasioned by shutting off water to make repairs or connections or for any cause whatever.
F. 
The Borough shall own, operate and maintain the water meter equipment. Where water meters are located inside the building (not in a meter pit), the property owner shall be responsible for protecting the meter equipment from freezing, vandalism or other damage.
G. 
The property owner shall provide the Borough with access to the water meter and equipment. The equipment and the access thereto shall be maintained free of any obstructions, such as trees, shrubs, landscaping or other objects.
H. 
The Borough will only provide service to and bill for approved connections. Multi-use dwellings will be billed from a master meter regardless of type or number of dwellings. Owners of multi-use dwellings may install individual meters on their tenants for the purpose of usage information. (The Borough will not read these meters.) This provision applies to existing or future multiple user, tenant, lessee, rental or condominium owner entities. Condominium units may have individual meters read by the Borough, provided that each condo unit has a separate service line and a separate turnoff valve. Connections between each metered condominium unit shall be strictly prohibited.
I. 
Effective January 1, 2020, the Borough will supply and install one-inch meters, meter pits and assembly, including connections to the Borough's water supply system, for all residential buildings or structures within the Borough, including meter replacement. Any meters exceeding one inch shall be the responsibility of the property owner at the property owner's sole cost and expense and shall be installed by the property owner within 90 days of notification from the Borough.
[Amended 4-27-2021 by Ord. No. 2021-04]