[1978 Code 11-1.1; New]
A Code regulating the location, construction, alteration, use and supervision of public non-community and non-public water systems requiring certain permits, providing for the inspection of such supplies, the fixing of fees and prescribing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1978 Code 11-1.1; New]
The Code established and adopted by this chapter is described and commonly known as Standards for the Construction of Public Non-Community and Non-Public Water Systems (1978).
[1978 Code 11-1.1; New; Ord. No. 07-14 § X]
Three copies of the Standards for the Construction of Public Non-Community and Non-Public Water Systems (1978) have been placed on file in the office of the secretary of the Sussex County Health Department for the use and examination of the public.
[1978 Code § 11-1.3; Ord. No. 662; Ord. No. 796 § 1; Ord. No. 07-14 § X; amended 9-13-2022 by Ord. No. 2022-11]
a. 
No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of the water supply shall have been issued by the Department of Health.
b. 
No person shall locate, construct or alter any pump and storage tanks for the purpose of supplying water to a non-public or public non-community water system until a permit for the location, construction or alteration of the pump and/or storage tank shall have been issued by the Sussex County Health Department.
c. 
No person shall locate, construct or alter any geothermal well system until a permit for the location, construction or alteration of geothermal well system shall have been issued by the Sussex County Health Department.
d. 
All permits to locate, construct or alter a non-public or public non-community water system shall expire one year from the date of issuance.
[1978 Code § 11-1.4]
New private water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions thereto which must rely on such a supply for water be sold or occupied until the Sanitarian shall have issued a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid Code. Issuance of such certificate shall not be required for alteration to an existing water supply.
[1978 Code § 8-13; § 11-1.5; Ord. No. 638; Ord. No. 662; Ord. No. 663; Ord. No. 796 § 2; Ord. No. 798; Ord. No. 03-08 § 5; amended 9-13-2022 by Ord. No. 2022-11]
The following fees and charges are hereby established:
a. 
The fee for the issuance of a permit to locate, construct or alter non-public or non-community water system $150.
b. 
The fee for the filing of an application and plans and issuance of a permit to locate, construct or alter a pump and/or storage tank for the purpose of supplying water to a non-public or public non-community water system $40.
c. 
The fee for each reinspection of a water supply system or part thereof, caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid Code shall be for each house or building to be served $50.
d. 
The fee for the review of an application and plans to locate, construct or alter a non-public or public non-community water system $40.
e. 
The fee for the review of an application and plans to locate, construct or alter a non-public or public non-community water system, after the initial review which is necessary because of applicant's failure to submit an application and plans that conform to the required State Law and Regulations and local ordinances shall be $25.
f. 
The fee for the reissuance of a permit that has expired to locate, construct or alter a non-public or public non-community water system $40.
g. 
The fee for the filing of an application and plans and issuance of a permit to locate, construct or alter a geothermal well system will be through the Sparta Township Construction office and the fee shall be $65.
[New; Ord. No. 04-17 §§ 1-3; Ord. No. 2017-01 § 1]
Notwithstanding the provisions of this Code, wherever a water system is being installed which will serve more than 15 families, the following requirements shall apply to such system:
a. 
Plans and specifications prepared by a competent engineer showing the design and location of proposed facilities in accordance with the State Residential Site Improvement Standards, N.J.A.C. 5:21-5.3 and New Jersey Safe Drinking Water Act Regulations; and the source of water are to be submitted in duplicate to the Township Engineer, and Water Superintendent and approved in writing by the Township Engineer prior to submitting a CPI application to the Department of Environmental Protection for construction approval. In lieu of the application to the New Jersey Department of Environmental Protection (NJDEP), submittal can be made to the Sparta Township Water Utility if a Master Permit is in effect, issued by the New Jersey Department of Environmental Protection to the Sparta Township Water Utility, as authorized under the Safe Drinking Water Act Rules. A Water Distribution Plan Review Fee shall be paid directly to Sparta Township as defined under section 19-14u.
b. 
A developers agreement shall be entered into prior to the start of construction of the intended subdivision. All water main and service lines shall be installed in accordance with the State Residential Site Improvement Standards, N.J.A.C. 5:21-5.3 and the latest construction standards specification as prepared by the Township. All mains and service lines shall be inspected and tested at a minimum of 200 psi and accepted by the Township representative prior to backfilling.
c. 
The system shall be designed to maintain a normal minimum operating pressure of 25 psi at the property service shut off. The maximum pressure delivered during hours of minimum demand shall not exceed 200 psi. All properties failing to meet the 25 psi standard shall have a booster pump and storage tank installed with a low water pressure cut-off switch. All services exceeding 80 psi shall have pressure reducing valves (PRV) installed prior to the meter and relief valves, if installed, after the meter.
d. 
The meter location shall be determined by the Township. If an interior meter installation is required, all valves, meter setting receivers and necessary wiring to accommodate the meter reading equipment shall be installed at the owner's expense. Meters will not be allowed in garages, crawl spaces, bathrooms or kitchens and shall have a minimum of three feet clear space on all sides for access. If meter pits are required, the pit pressure reducing valve, meter and receiver, all conforming with the Water Utility specifications in effect at the time of installation, shall be obtained and installed by the owner.
e. 
Main valve boxes, curb valve boxes, meter pits and similar equipment shall be installed plumb and terminated at a grade elevation with drainage runoff. The access opening shall be centered over the operating nut, rod or meter for easy operation or reading. No shrubs or trees shall be planted in any manner that at maturity will restrict access and operation of this equipment. If remote meter readouts are required they shall be installed at a height of five feet above grade along the front of the structure or on the side wall within five feet of the front wall. There shall be no plants or obstacles placed to impede the reading of this equipment.
f. 
All new mains, pumps, tanks, wells and other facilities for handling potable water shall be thoroughly disinfected, flushed and tested for the total absence of coliform prior to being put into service. The method of disinfection shall meet the approval of the State Department of Environmental Protection and the Township. The owner/builder will be responsible for all necessary re-disinfecting to achieve a bacteria-free water should the test results be positive. Certificates of occupancy will not be released until satisfactory lab results are attained.
g. 
When a service line is installed for a new connection or relocated for an existing connection, the trench shall be left open and the line exposed until it has been inspected by the utility for connection irregularity or other defects. The meter receiver and valves shall be installed to meet the requirements of the Plumbing Code.
[New; Ord. No. 07-14 § X]
No residence or other building requiring water service shall be constructed in the Township unless the plans indicate that it can and will be connected to an adequate water supply, individual well or public water and that the utility has confirmed the connection. No building permit will be issued in areas where the proposed water service will not provide the pressure specified in Subsection 19-2.1c, where a public water supply is involved unless a privately owned/maintained booster pump system is installed. Certificates of Occupancy shall not be issued until the Sussex County Health Department or providing utility has signed a release indicating all required conditions have been completed.
[New]
Whenever a central water system is to be constructed pursuant to the terms of this section or the Land Subdivision Ordinance, the cost of such a system may be bonded in accordance with the provisions of the chapter in such a manner as to guarantee the construction of a system which complies with N.J.A.C. 5:21-5.4 and approved design specifications. However Certificates of Occupancy will not be granted for completed buildings until an approved water supply is available.
[New; Ord. No. 07-14 § X]
The Sussex County Health Department for individual wells, or the Water Utility for public supply, may order all further work in and about any water supply which is being erected or installed in violation of this section to be stopped forthwith, except such work as shall be necessary to remedy such violation and thereafter, the work continued without any violation of any of the provisions of this section. The stop work order will be issued on site to any person connected with or working in and about the erection or installation of any such water supply, or any part thereof, and no further work shall be done thereon except as aforesaid.
[New]
Any person who violates any provision of this section, including the Water Supply Code of New Jersey (1959) incorporated herein by reference, or an order promulgated thereto, shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1978 Code § 11-2.1]
There is hereby established in the Township a public water distribution system which shall be designated as the "Sparta Township Water Distribution System."
[1978 Code § 11-2.2]
The water distribution system shall be operated by the Township as a Municipal Public Utility as defined in and subject to the provisions of Title 40A of the New Jersey Statutes and all fees and charges received by the Township in connection therewith shall be kept in a fund separate from other Township revenues to be used only for the purpose of such municipal utility.
[1978 Code § 11-2.3]
The water distribution system shall include all public water facilities which the Township may construct, acquire, and/or maintain for the purpose of the distribution and treatment of water.
[1978 Code § 11-2.4; Ord. No. 04-17 § 4; amended 9-13-2022 by Ord. No. 2022-11]
As used in this chapter:
CLOSED LOOP GEOTHERMAL WELL
A well into which a continuous closed loop of pipe is inserted for the purpose of non-contact thermal energy transfer from a fluid in the loop to or from the earth.
DEPARTMENT
Shall mean the Township Water Department.
FIRE SERVICE
Shall mean any line which receives water supplied to a fire hydrant, stand pipe, sprinkler system, or any combination of the foregoing, located on private property.
MAIN OR MAINS
Shall mean all pipes, hydrants and valves, other than supply pipes and service pipe, used for conveying water to or distributing water throughout the Township.
METER RATES
Shall mean rates or prices to be charged for water, based upon the quantity consumed as measured by an approved water meter.
NORMAL BUSINESS WORKING HOURS
Shall mean 7:00 a.m. to 3:00 p.m., or as may be modified by the Township Manager, Monday through Friday, exclusive of Township recognized holidays.
ONE PHYSICAL UNIT
Shall mean a property not divisible for sale or ownership by more than one owner or group of owners.
OWNER
Shall mean any person owning any property or premises which is, or prospectively can be, supplied with Township water, or the owner's duly authorized agent or contractor.
PREMISES
Shall mean a building together with appurtenant land used for either business or residential purposes, or both, together with any outbuildings used exclusively in connection with it, or any part of a building with the land appurtenant to it, when sold as a separate unit.
RESALE OF WATER
Shall mean any resale of Township water by any person. This shall exclude the sale of metered water by landlords to a tenant.
SERVICE PIPE
Shall mean a pipe extending from the curb valve into privately-owned property for supplying water.
SUPPLY PIPE
Shall mean a pipe connected to the main and extending to the curb valve at the curbline of the street.
TOWNSHIP
Shall mean the Township water utility or any of the Township's authorized agents.
WATER UTILITY
Shall mean the water utility of the Township of Sparta.
[1978 Code § 11-2.4]
The owner of any premises desiring to use Township water or to make a change in any existing water supply shall make an application in writing to the Township for water service upon forms provided by the Department. All connections from the water main to the curb shall be done at the expense of the property owner as allowed under § 19-6 of this chapter.
[1978 Code § 11-2.5]
The application for a water service shall provide the following information: The name of the plumber who will prepare for the connection applied for, the tax map page, block, lot, address of the premises, size of the water meter, purpose of the connection and the street address and mailing address, if different, of the owner. The application shall be signed by the owner of the property for which the connection is being applied for, or by his authorized agent, and shall be accompanied by the consent of the applicant to be bound by all the provisions of this section and rules and regulations adopted by the Township.
[1978 Code § 11-2.5]
Upon receipt of an application for services, the Township may make an inspection of the premises.
[1978 Code § 11-2.5]
Every plumber shall provide evidence that he/she is licensed by the State of New Jersey, Department of Community Affairs, whereby protection is afforded against all damages and costs from any injury which might occur to persons or property by reason of neglect or carelessness on the part of the plumber during the process of any work. Be it further stated that the plumber will pay for and protect the Township against all damage and cost occasioned by any injury, damage, or obstruction which may have been done or caused to have been done to any of the water mains of the water distribution system of the Township.
[1978 Code § 11-2.5]
No water service shall be made to any premises until all charges due to the water utility are paid.
[1978 Code § 11-2.5]
a. 
Application. Where it is desired to use Township water service in connection with the construction or repair of a building, application shall be made to the Township by the owner of the building on forms furnished by the water utility. The character of the work contemplated and the estimated quantity of water to be used shall be specified in the application.
b. 
Fees. No permit for temporary water service during construction or repair shall be issued unless the fees prescribed in § 19-14 are paid in advance.
c. 
Metering. The water utility, at its option, may install a water meter during the construction or repair of a building upon payment of the fee prescribed in § 19-14.
[1978 Code § 11-2.5]
Authorized agents of the Township, upon presentation of credentials provided by the Township, shall have access at any reasonable time to any premises supplied with Township water for the purpose of making any desired inspection. This inspection shall include the examination of the entire water supply and plumbing system upon the premises. Any person who refuses to admit a duly authorized agent for the purpose of inspection, or hinders or interferes with an inspection, shall be guilty of a violation of this section.
[1978 Code § 11-2.6; Ord. No. 580 § 1; New; Ord. No. 04-17 § 5]
a. 
Meter Required. All Township water used on any premises, except for fire service lines, must pass through a meter furnished or approved by the Township.
b. 
Duty of Owners. All owners of property using water supplied by the Township shall have the duty of determining that all of the water supplied passes through a water meter furnished or approved by the Township, except as provided in Subsection 19-5.1a. Failure to do so shall not relieve any person from liability for water supplied, and in such case, the Township shall determine the amount of water used and the rates to be charged.
c. 
Meter By-Passes Prohibited. All meter by-passes are outlawed. If a meter by-pass is used, both the owner and the plumber shall be guilty of a violation of this section. The only time a jumper may be used is to test the lines. After the test if finished, the water is to be shut off at the curb and only turned on by the Township. After the tap has been installed, the water shall be shut off at the curb and shall be turned on only by the Township after construction water has been paid for in advance.
d. 
Meter Installations. In all cases where meters are to be installed, the Township shall determine or approve the proper location and manner in which the meter shall be installed and protected. One water meter per premises shall be installed by the Township. If additional meters are desired by the owner, they shall be installed after the Township's meter and paid for and maintained by the owner. Valves shall be provided and installed by the property owner on each side of and directly adjacent to the Township meter in compliance with the Plumbing Code. Where high pressure requires the installation of a PRV, it shall be installed between the valves prior to the meter. In all installations where booster pumps are required the pump shall be installed after the meter and the pump shall be protected with a low water pressure cut-off switch. All new meters being installed are required to have a technological feature which allows the meter to be read without access to the premises. The owner shall be responsible to install the meter yoke to house and hold the meter and all communication wiring required for remote meter reading. The inside meter is the master recording instrument to be used in determining the amount of water delivered to the premises whenever reading discrepancies occur.
e. 
Meter Yokes.
1. 
Meter yokes shall be installed in a manner that provides easy removal, replacement, inspection and reading of the meter.
2. 
Meter yokes shall be installed in a manner that will prevent unauthorized removal or tampering with a meter.
3. 
Meter yokes shall be placed in a free and clear space at least three feet by three feet.
4. 
The decision of the Department in regard to meter yokes shall be final.
f. 
Care and Protection of Meters.
1. 
The meter shall remain the property of the Township. The owner shall be held responsible for the meter, including its care and protection from damage, freezing, hot water or similar causes. The owner shall be responsible for preventing unauthorized persons from tampering with the meter.
In the case of damage to the meter, its stoppage, or improper working, the owner shall immediately notify the Township and the Township shall repair the meter.
2. 
Where replacements, repairs or adjustments of any meter, whether owned by the Township or not, become necessary due to any willful negligent act by the owner or occupant of any premises, the owner shall be responsible to the Township for any expense which it incurs as a result.
3. 
Meters shall be sealed by the Township. No person shall disconnect, remove, break, injure or in any way tamper with the seal. The seal can only be disconnected, removed, serviced or installed by the Township or an agent of the Township.
g. 
Testing of Meters. The Township shall test the accuracy and condition of any meter upon the written request of the owner or occupant of the premises served by the meter. The owner must pay for the prescribed test in advance. If the meter is found to register over 2% fast, it shall be repaired by the Township or another meter installed and the test fee refunded. The Township may apply a credit to the water bill upon whatever basis it deems to be just and reasonable. If the meter is found to register over 2% slow, it shall be repaired by the Township or another meter installed and the Township may apply a charge to the water bill upon whatever basis it deems to be just and reasonable. If the meter is inoperative and fails to register, the customer will be charged on the basis of the average daily consumption shown by the meter when it was operative. The Township may make periodic tests of all meters.
[1978 Code § 11-2.7; New]
The Department shall supply all of the material to complete a supply lateral from the main to the property line. The curb valve at the property shall be 3/4 inch copper minimum. Larger sizes will be installed if requested and justified. If a water main extension is required to achieve serving the property, the owner may contract the installation with a reputable contractor with the approval of the Township. All costs plus unusual expenses for rock removal or site restoration shall be at the expense of the property owner.
[1978 Code § 11-2.7; Ord. No. 2017-01]
Supply lateral pipes and water and curb valves mains installed shall be maintained by the water utility and shall remain the property of the Township.
[1978 Code § 11-2.7; New; Ord. No. 04-17 § 6; Ord. No. 2017-01]
All water main extensions and supply laterals shall be installed in complete conformance to the Township standards in effect at the time. In the event of a main extension, the Township may allow the actual tap to be installed by the contractor, whereas all supply lateral installation only will be tapped by the Township. The curb valve will be sized for k-copper tubing but if other material, as allowed under the Plumbing Code and approved by the Water Utility, is to be used for the service line, it will be the responsibility of the property owner to provide suitable adaptors. Service line work performed on the exterior of the property from the curb valve to the structure is the jurisdiction of the Water Utility. All interior work shall be the property owner's responsibility to be performed under a plumbing permit as issued by the Building Department and is not the responsibility of the Water Utility. Should an alternate service line material be approved, the Water Utility may require, as a condition of the approval, that the meter be moved to an exterior pit location in accordance with Township Code Subsection 19-2.1d.
[1978 Code § 11-2.7; New; Ord. No. 04-17 § 7]
a. 
All major extensions of the water distribution system shall be done in conformance with N.J.A.C. 5:21-5.3 and Township standards and D.E.P. approval. However, in the event that any person may hereafter desire to lay and construct any extension for the purpose of providing potable water to their individual property, the extension shall be done and paid for by the person desiring such extension. Approval for such extension shall be given only after plans and specifications have been reviewed and approved by the Department.
b. 
All mains which are laid at the cost and expense of any person within the Township shall be inspected by the Township and shall upon acceptance become the property of the Township. The Township shall thereafter assume all responsibility for the care, maintenance and repair of the mains.
[1978 Code § 11-2.7; New; Ord. No. 2017-01]
Any necessary changes in the piping between the curb and the premises which are due to corrosion or otherwise must be made by the property owner at the owner's expense. This would also include valves and meter yokes within the premises and all other material to replace and/or increase water supply. All exterior work requires approval and inspection by the Water Utility. All remaining work requires a plumbing permit and shall be performed subject to inspection and approval by the Plumbing Inspector.
[1978 Code § 11-2.7]
Permission will not be granted to supply two or more buildings from a single lateral supply pipe.
[1978 Code § 11-2.7]
Excavating work, supplies and materials for finishing the installation of the service line connection to the premises shall be the responsibility of the owner. The excavation and installation shall be at the expense of the property owner and shall be performed by the owner's contractor.
[1978 Code § 11-2.7; New; Ord. No. 04-17 § 8]
a. 
Service pipes between the curb valve and foundation shall be maintained with a minimum of 3 1/2 feet of cover for frost protection. All interior pipes that are likely to be exposed to freezing temperatures shall be effectively protected from freezing by the property owner.
b. 
Pipes shall be installed in a manner that will prevent any possible damage resulting from external heat from boilers, heaters, etc.
c. 
Service pipes shall be installed in a manner that will prevent any damage resulting from falling objects, corrosive products, paint sprayers and similar causes.
d. 
Service pipes shall be installed in a manner that will prevent any hot water or other destructive product from returning to the meter.
e. 
Water conditioning equipment, when installed, shall be done in a manner such as the installation of a check valve to prevent conditioners' contents from being displaced in the event of a negative pressure condition.
[1978 Code § 11-2.7; New; Ord. No. 2017-01]
a. 
Property Owner's Responsibility. The property owner shall be responsible for the maintenance of the building service line, providing free access to the curb valve and protecting the structural condition of the curb valve box. The property owner shall keep the line and valve box in good working order or condition, and shall be held liable for any damage or loss of water from failure to do so.
b. 
Leaks. All leaks in the house service line shall be reported promptly to the Department and then repaired by the property owner. If repairs are not so made, the water shall be shut off by the Department and not turned on again until the line is placed in serviceable condition and until all charges for damage or loss of water have been paid.
c. 
Replacement. Any necessary changes in the piping of the house service line due to corrosion or otherwise, must be made by the property owner at the owner's expense. This would also include valves, connections, material and labor used to increase the water supply or efficiency. Exterior service line changes are subject to the inspection and approval by the Water Utility. Any and all other changes are subject to the approval by the Plumbing Inspector.
[Ord. No. 04-17 § 9; amended 9-13-2022 by Ord. No. 2022-11]
After connection to the Township's water utility system, each property owner shall seal their well(s) in compliance with Sussex County Health Department regulations and with the requirements of the Department of Environmental Protection, Division of Water Resources, and in accordance with the standard specifications for sealing abandoned wells which have been adopted by that agency. All wells must be closed by a New Jersey licensed well driller.
[1978 Code § 11-2.8; New]
When requested by the owner or its agent, the Department shall discontinue service to a property. The owner will arrange to have the house open at the time of shut off to confirm that the water is off. A turn-off charge as allowed under § 19-14 shall be made for discontinuing the service. Whenever service shall have been shut off at the curb for a period of time, the minimum service charge hereinafter established shall not continue against the premises for the elapsed time. No adjustment of water charges due to failure of the Department to disconnect or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is made in writing and filed with the Department. The owner will arrange to have the premises open when water is restored and a turn-on charge shall be applied as allowed under § 19-14.
[1978 Code § 11-2.8]
Where the premises are left vacant, no rebate or adjustments will be allowed for water registered by the meter unless the water was turned off by the Department at the curb valve.
[1978 Code § 11-2.8; New]
Service may be discontinued by the Township after notice for any of the following causes:
a. 
The use of water for any property or purpose other then described in the application.
b. 
For waste of water through improper or defective pipe or fixtures.
c. 
For failure to protect the water meter and connections from injury or damage, or failure to properly maintain the service line and fixtures owned by the person being served.
d. 
For tampering with any service pipe, meter, curb box and valve, seal or other appliance of the Township.
e. 
Nonpayment of sewer charges as provided in N.J.S.A. 40:14A-1 et seq.
f. 
Nonpayment of any charges or fees for water service.
g. 
For refusing to permit the duly authorized representatives of the Township to have access to the property for reasonable inspections.
h. 
In no case shall the water service be restored until the defects have been remedied and any bills, fines, or penalties imposed have been paid. Furthermore the owner of the premises shall be liable for any loss sustained by the Department as a result of such defects. A fee as allowed under § 19-14 must be paid to cover the cost of shutting off and turning on the water.
[1978 Code § 11-2.9]
Upon independent investigation or documented requests from the Water Department, the Township Manager may certify that an emergency exists in the water supply. The Township Manager may proclaim a water emergency and prescribe regulations to do the following:
a. 
Prohibit the use of water for any purpose not necessary to the health and safety of the public.
b. 
Allocate the available water supply.
c. 
Reduce consumption of water.
d. 
Provide water for the period of the emergency.
[1978 Code § 11-2.9]
The proclamation of an emergency shall be conclusive as to the fact of the existence of an emergency and shall be binding on all persons upon its filing in the Office of the Township Clerk and publication in a newspaper circulating in the Township. Any regulations included in the proclamation and any regulations subsequently promulgated shall have the same force as if specifically set forth in this section. Every owner, lessee, tenant and occupant of any building or premises served by Township water shall, upon a proclamation of regulations, become bound by them and shall conform to them in the use of water and the maintenance of water service connections and equipment.
[1978 Code § 11-2.10]
Every owner of buildings and premises connected to the municipal water supply shall maintain the water isolation valves, service pipes, fixtures and connections in good order and repair in order to ensure that there shall be no waste of water, and shall immediately make necessary repairs to prevent the waste of water.
[1978 Code § 11-2.10]
Every lessee, tenant and occupant of any building or premises connected to the municipal water supply shall immediately notify the owner or his or her agent and the municipality of any defective water service pipes, fixtures and connections causing waste of water.
[1978 Code § 11-2.10]
Upon receiving notice of any waste of water due to defective pipes, fixtures or connections, the owner of any premises served by the municipal water supply shall immediately make all necessary repairs.
[1978 Code § 11-2.10]
Whenever an owner shall fail or refuse to make repairs to external service lines to prevent the waste of water, the Township may elect to make the repairs and charge the cost to the owner in the same manner as other water charges are made.
[Ord. No. 02-10 § 1]
a. 
Outdoor water of lawns, gardens or other vegetation by lawn sprinklers of the portable type or permanent irrigation installation shall be restricted to 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m. for hours of operation and are requested to follow the odd/even restrictions set forth in Subsection b2 of this section.
b. 
Voluntary Restrictions. During the months of April, May, June, July, August, September and October of each year, all residential customers, tenants and business being served by the Sparta Township Water Utility are requested to observe the following voluntary water use restrictions:
1. 
Indoor conservation measures.
2. 
Outdoor water usage between the hours of 9:00 a.m. to 6:00 p.m. shall be restricted to hand held hoses for the watering of gardens, shrubs, flower beds, car and equipment and buildings and decks shall be restricted to alternate days, with usage on even-numbered days for those residents or businesses whose dwelling, building or box number are even and on odd-numbered days for those residents or businesses whose dwelling, building or box number are odd. There shall be no such outdoor water usage on the 31st day of any month within the voluntary restriction period.
c. 
Mandatory Restrictions. The Sparta Township Manager shall declare the water restrictions set forth in § 19-8 of this chapter to be mandatory whenever the Township Water Utility Operator determines that such is appropriate based on any one of the following conditions:
1. 
When water production in wells falls to such a level that the well delivery rate drops 10% below the annual rate.
2. 
When daily demand causes the system wells to pump for 168 hours without a period of nonpumping.
3. 
When lowered aquifer conditions create a milky water, caused by air entrainment, to be delivered for more than seven days.
4. 
When in the opinion of the Township Water Utility Operator these restrictions are necessary to maintain a sufficient water level in the storage tanks for essential domestic water use and fire safety.
[Added 9-13-2022 by Ord. No. 2022-11]
[Added 9-13-2022 by Ord. No. 2022-11]
a. 
Geothermal wells shall be constructed or altered by a duly licensed New Jersey geothermal well installation contractor who is licensed as set forth pursuant to N.J.A.C. 7:9D-1.7 and 1.8 and in complete conformance with the Township standards in effect at the time.
b. 
Geothermal systems must be provided with isolation valves for draining and serviceability.
[Added 9-13-2022 by Ord. No. 2022-11]
a. 
Only Closed Loop Geothermal Well systems are allowed to be installed within Sparta Township. Open loop geothermal well systems are prohibited.
b. 
Cross connections between a private geothermal well system and public water supply systems are strictly prohibited.
[Added 9-13-2022 by Ord. No. 2022-11]
a. 
All proposed geothermal systems will require a permit application, and must include a list of equipment to be served and system design drawings.
[1978 Code § 11-2.11]
a. 
No person other than a duly authorized agent or employee of the Township or a member of an authorized fire agency, while engaged in the performance of duties, shall open or attempt to open any fire hydrants or valves connected with the water supply system of the Township without obtaining written permission from the proper Township officers.
b. 
No person shall obstruct or prevent free access to, tamper with, injure or damage a fire hydrant, nor shall any person place any plants, trees, material, debris, structure or object of any kind within a distance of 10 feet from a hydrant. Any obstruction, when discovered, may be removed at once by the Township at the expense of the person responsible. Removal of the obstruction shall be in addition to any penalty which may be imposed for a violation of this section.
[1978 Code § 11-2.11]
The owner of any property upon which a fire hydrant is located, including the owner of any property which abuts upon a portion of a public street on which a fire hydrant is located, shall have the duty of keeping the hydrant and the area immediately surrounding it free from snow, brush, weeds, debris or any other thing which might impede access to the hydrant.
[1978 Code § 11-2.11]
Where pipes are provided for fire protection on any premises or where hose connections for fire apparatus are provided for any pipe, each connection or opening on those pipes, except sprinkler heads, shall have a standard thread as specified by the Township. No water shall be taken or used through such pipe opening for any purpose other than fire fighting or for testing fire apparatus after obtaining a special permit from the Department to perform a test.
[1978 Code § 11-2.11; Ord. No. 04-17 § 10]
It is hereby declared to be the policy of the Township that the primary purpose of the fire hydrants is for fire protection. However, the Township is authorized to issue a permit to any person to open a fire hydrant for a purpose other than fire protection. Permits shall be issued by the Township in accordance with rules and regulations and shall take into consideration the policy established by this section. Each permit shall specify the location of the hydrant to be opened, the date or dates upon which they may be opened, the time frame in which they may be opened and the purpose for which such openings may be made.
[1978 Code § 11-2.12; Ord. No. 580; Ord. No. 660; Ord. No. 707; Ord. No. 747; Ord. No. 779; Ord. No. 930; New; Ord. No. 00-10 § 1, 4; Ord. No. 02-10 § 2; Ord. No. 04-17 § 11; Ord. No. 06-04 §§ 1, 2; Ord. No. 07-05 §§ 1 — 10; Ord. No. 09-09 § 1; Ord. No. 09-32; Ord. No. 10-02; Ord. No. 11-02 § 1; Ord. No. 13-05; Ord. No. 2017-01; amended 6-25-2019 by Ord. No. 19-06; 6-25-2019 by Ord. No. 19-07; 1-25-2022 by Ord. No. 2022-02; 4-11-2023 by Ord. No. 2023-05]
The following prices, annual rentals and water charges are hereby established by the Township in accordance with the following schedule:
a. 
Water Use Rates. Customers shall be charged at the rate of $4.50 per 1,000 gallons of water consumption plus a minimum quarterly service charge in accordance with the size of the service meter as follows:
Meter Size
(Inches)
Minimum Quarterly Service Charge
5/8 x 3/4
$33.38
3/4
$44.58
1
$72.18
1 1/4
$102.88
1 1/2
$123.28
2
$194.88
3
$332.88
4
$410.88
6
$880.88
8
$1376.88
b. 
Unmetered Customers. Unmetered single-family residences which would normally be provided with standard 5/8 inch by 3/4 inch service meters, shall be charged a quarterly flat rate equal to a minimum 25,000 gallons plus service charge, or alternate usage determined by the Utility based upon historical records. This flat rate shall also be applicable to one inch and larger meters.
In those cases where a metered customer has equipment that is not working properly to determine water usage and access has been denied to the Township after repeated attempts to repair said equipment, these accounts shall be charged a quarterly flat rate equal to 75,000 gallons plus the applicable service charge, or alternate usage determined by the Utility based upon historical records. This flat rate shall apply until the metering unit can be repaired or replaced. A continued lack of cooperation with providing a Township agent access to correct metering functions may result in a loss of water service.
c. 
Hydrant and Sprinkler Systems.
Public Hydrants — Applicable to municipalities for public fire protection service provided by the Sparta Water Utility and fee distributed to benefiting customers $85 per hydrant per quarter.
Private Hydrants — Applicable for private fire protection through hydrants owned by the Sparta Water Utility or the customer, and connected to utility-owned mains, and located in private rights-of-way $85 per hydrant per quarter.
Private Fire Protection — Applicable for private sprinkler heads, or other fire-fighting facilities connected to a private service connection, with fee based upon size of service line as it enters the building.
Size of Service
(Inches)
Quarterly Fee
Less than 2
$0
2
$31.25
3
$62.50
4
$106.25
6
$225
8
$375
10 or greater
$575
d. 
Fountains. Unmetered water fountains shall be charged a quarterly flat fee equal to 15,000 gallons consumption.
e. 
Temporary Water Service.
Unmetered: $100 per quarter/per service connection, minimum.
Metered: Fees charged for a metered, temporary water service shall be in conformance with rates listed under Subsection a, "Water Use Rate," or at a rate of $100 per quarter per service connection, whichever is greater.
f. 
Turning On or Off Water Service Line.
Turn on during normal working hours: $30.
Turn off during normal working hours: $30.
Turn off or on outside of normal working hours on emergency call basis: $100.
Above fees shall be charged for each visit to site. (Water service curb valves are the property of the Township. Only Utility Personnel are authorized to access curb valves.)
g. 
Frozen Meter. Fee for the disconnection, repair, and reconnection of a service shall be:
Service provided during normal working hours: $50.
Service provided outside normal working hours on emergency call in basis: $100.
The above fees, or actual cost incurred, whichever is greater shall be charged.
h. 
Service Meter Test.
Disconnection, testing, and reconnection of service meter: $75.
The fee shall be refunded if the meter is found to register consumption in excess of 2% fast of actual water delivered.
i. 
Water Meter Supply and Inspection. As requested, water meters up to one inch in size shall be furnished and installed by the Department provided that all valves and meter yokes have been properly installed. Meters larger than one inch may be provided and installed by owner/contractor and inspected by the Department. The fee for meters provided by the Department shall be the actual meter cost incurred plus a surcharge by meter size as follows:
Meter Size
(Inches)
Surcharge**
(%)
5/8 x 3/4
25%
3/4 and 1
20%
1 1/2 and 2
10%
Greater than or equal to 3
5%
**
Surcharge equals actual cost of meter times percentage listed.
Fee for inspection or reinspection of water service meter installed by others for each site visit shall be $25.
j. 
Water Meter Installation. As requested, water service meters shall be installed outside of normal working hours for a fee of $100.
k. 
Supply Line Installation. Supply line installation shall be allowed at the sole discretion and approval of the Water Utility as follows: A supply line shall be installed by the Water Department, including all aspects of labor, materials, and equipment for a fee (tapping fee) of $4,200 for a 3/4-inch tap; $4,400 for a one-inch tap; and $4,800 for a two-inch tap. Any additional costs incurred by the Water Department, above fees listed, as a result of certain subsurface or above grade conditions or constraints, shall be borne by the applicant.
l. 
Thawing Privately-Owned Service Pipe. Point of contact for electrical thawing purposes to any component of the water utility such as a curb box, or main line or hydrant valve requires approval by the water utility and shall be subject to the following fees:
Inspection service within normal business working hours: $30.
Inspection service outside normal business working hours: $100.
m. 
Meter Readings. Request for special water meter readings other than the routine quarterly readings obtained by water utility personnel shall pay a fee of $40 per reading.
n. 
No Show Service Fee. For any service requiring entry into a building and a prearranged appointment with the property owner or representative to gain access by the water utility, an additional fee shall be charged if the appointment is not met and access to the building cannot be made by the water utility.
Within normal business working hours: $30.
Outside normal business working hours: $100.
o. 
Water Quality Sampling. As requested by the property owner, an administrative handling fee of $25 shall be charged for the sampling of the water supply at a home or business. This fee shall be in addition to the laboratory analytical costs to be reimbursed by the property owner to the water utility.
p. 
Miscellaneous Service Call Fee. A minimum fee for miscellaneous service calls not specifically identified elsewhere within this fee schedule shall be:
Service call within normal business working hours: $30.
Service call outside normal business working hours: $100.
q. 
Special Cases. In special cases not specifically identified or clearly defined elsewhere within this fee schedule, the Township Manager is hereby authorized to establish special rates or rentals under such schedules or formulas as the Township Council may deem necessary to keep and maintain the Water Department on a self-liquidating basis.
r. 
Inoperable and Inaccessible Meters. In those cases where the customer's meter is not operating properly so as to be able to determine the amount of water usage, there shall be charges each quarter at a rate equivalent to the usage of 25,000 gallons, plus a minimum quarterly service charge as set forth in Subsection a. In those cases where the customer does not provide access to the Township to read or repair the water meter, there shall be charges each quarter at a rate equivalent to the usage of 75,000 gallons, plus a minimum quarterly service charge as set forth in Subsection a. The 75,000 gallon rate will apply until the meter can be required, replaced or, if deemed necessary, water service is discontinued.
s. 
Connection Fee. A connection fee shall be paid by each property connecting to the municipal water system in accordance with the provisions of N.J.S.A. 40A:31-11 and this subsection.
1. 
The procedure for the determination of connection fees shall be as follows:
(a) 
The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and the interest thereon, paid by the Township to defray the capital cost of developing the system as of the end of the immediately preceding budget year shall be added to all capital expenditures made by the Township not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding budget year.
(b) 
Any gifts, contributions or subsidies to the Township received from, and not reimbursed or reimbursable to, any Federal, State, County or municipal government or agency or any private person, and that portion of amounts paid to the Township by a public entity under a service agreement or service contract which is not repaid to the public entity by the Township shall then be subtracted.
(c) 
The remainder shall be divided by the total number of service units served by the Township at the end of the immediately preceding budget year, and the results shall then be apportioned to each new connector according to the number of service units attributed to that connector. In attributing service units to each connector, the estimated average daily flow of water for the connector shall be divided by the average daily flow of water to the average single-family residence in the Township water system, to produce the number of service units to be attributed. Estimates of water usage for other than residential units shall be based upon commonly used engineering standards, as approved by the Township Engineer. This fee shall be exclusive of the supply line installation fee. The connection fee shall be recomputed at the end of each budget year, after a public hearing is held. The revised connection fee may be imposed upon those who subsequently connect in that budget year to the system.
2. 
Subdivisions and Site Plans. Any property receiving either subdivision or site plan approval for development that has frontage along a right-of-way or easement containing an existing Water Department distribution main shall connect to this main and shall pay a connection fee for water supply and storage in accordance with the provisions of this chapter, unless stipulated otherwise by a developer's agreement executed with the Township.
3. 
Affordable Housing Connection Fees.
(a) 
New connection. Public housing authorities, nonprofit organizations building affordable housing projects, and any other affordable housing including affordable housing units in inclusionary projects, shall receive a 50% reduction in the connection fees established in Subsection s1 for new connections to the water system.
(b) 
Previously connected to system(s). Units previously connected to the Township's water system that were demolished or refurbished in order to allow for new affordable housing units and for which a water connection or tapping fee was previously paid shall receive a credit in the amount of the connection fee previously paid. However, the connection fee(s) shall be the lesser of the 50% reduced rate provided for in Subsection s3a, or the current nonreduced rate minus the credit for the connection fee previously paid. The affordable housing developer is responsible to provide evidence of the previously paid connection fee; failure to provide such proof of payment shall result in the developer paying the reduced rate provided for in Subsection s3a.
4. 
The Sparta Township Water Utility Capital Connection Fee is $7,436 per EDU.
5. 
Water Utility Capital Connection Fee Payment Plans:
(a) 
The Sparta Township Water Utility shall only consider a connection fee payment plan for those properties with current or proposed water use calculations of 3 EDU's or higher.
(b) 
Applicants seeking approval of a Sparta Township connection fee payment plan must submit their request in writing to the Sparta Township Water Utility.
(c) 
If the applicant is accepted/approved by Sparta Township into a payment plan, the property owner/applicant shall be required to sign an agreement which includes, but is not limited to the following:
(1) 
The property owner is responsible to pay the full calculated connection fee based on the Sparta Township approved rate schedule in force at the time of application.
(2) 
The property owner may have up to five years to pay the full connection fee amount.
(3) 
Payment shall be made in a maximum of five installments, the first payment (20% of the calculated connection plus filing fees) shall be required upon execution of the payment agreement and the remaining payments of equal amount shall be made no later than January 31st of each year following the first payment.
(4) 
The property owner shall agree and acknowledge that Sparta Township may file with the Office of the Sparta Township Tax Collector a priority lien on the subject property for the total outstanding amount of the connection due the Sparta Water Utility, plus interest and any cost of collection.
(5) 
In the event of default, wherein the property owner fails to make the agreed to payments, within 30 days of the annual due date (January 31st), the total remaining unpaid collection fee balance shall become due immediately, along with all costs of collection and interest on the total unpaid connection fee balance, per Sparta Township's prevailing rate schedule.
(6) 
In the event the subject property is sold or transferred, the remaining outstanding connection fee balance shall be due to the Sparta Township Water Utility immediately at closing.
(7) 
All connection fee payment plans/agreements must be approved by resolution of the Township Council of the Township of Sparta.
t. 
Bulk Water Purchase. A 10% surcharge will be added to the current water rate per 1,000 gallons of water consumption for bulk water purchase, with no hookup fee or a quarterly service charge, if a hydrant meter is utilized at a Water Utility-authorized location other than the bulk water station. Non-metered activities will require the issuance of a temporary water permit at a flat rate of $100 for up to 15,000 gallons used. A truck using the Germany Flats Bulk Filling Station shall pay a flat rate of $55 per visit for a truckload up to 8,000 gallons. All rules and regulations for the Filing Station are set forth in a Bulk Purchase Agreement, which must be executed between the purchaser and the Water Utility prior to accessing the facility.
u. 
Water Distribution Plan Review. As a condition of the Township's Master Permit, if in effect with the New Jersey Department of Environment Protection (NJDEP), for each permit to construct a water distribution system, the permit application review fee payable to the Township shall be the greater of the amounts calculated based on the number of service connections or the water main length in accordance with the following table:
Service Connections
Water Main Length
(feet)
Fee Required
2 to 5
Less than or equal 100 feet
$250
6 to 15
101 feet to 500 feet
$1,500
16 to 49
501 feet to 1,500 feet
$2,500
50 to 100
1,501 feet to 3,000 feet
$3,000
101 to 250
3,001 feet to 7,500 feet
$3,500
251 to 500
7,501 feet to 15,000 feet
$4,000
More than 500
More than 15,000 feet
$5,000
[1978 Code § 11-2.13]
In special cases not specifically identified or clearly defined elsewhere within this fee schedule, the Township Manager is hereby authorized to establish special rates or rentals under such schedules or formulas as the Township Council may deem necessary to keep and maintain the Water Department on a self-liquidating basis.
[1978 Code § 11-2.13; Ord. No. 11-06 § 1]
The Water Utility of Sparta Township will prepare bills setting forth water charges and send them to its customers through the US Postal System. Bills that are not delivered by the US Postal System shall, nevertheless, remain due and owing. The payment, or non-payment of utility bills is the sole responsibility of the customer.
a. 
All payments of water rents shall be made no later than the due date on the bill. All bills not paid by the due date will be subject to a 10% penalty, which shall be added to the amount of the bill and collected as other charges.
b. 
All bills shall be due no later than the due date set forth on said bill. To avoid additional charges such as on and off fees, payments for delinquent water/sewer accounts must be paid before 4:30 p.m. on the scheduled shut-off day. If the payment is not received by this time and date, the water will be shut off in accordance with Subsection 19-15.2d and any subsequent fees will be imposed.
c. 
Charges for both connection and use shall be payable to the Township of Sparta Water Sewer Utility. The Township shall have the same remedies for the collection charges with penalties and costs as the collection of taxes upon real estate.
d. 
In the event that a bill remains unpaid for 30 days or more after the due date of such bill, the Department may discontinue water service to the property for which the water bill is due, provided that the Department has complied with the following procedure:
1. 
A delinquent notice shall be sent to the account stating that service will be discontinued because the bill remains unpaid for 30 days. This notice shall be deemed satisfactory if sent as follows:
(a) 
The Township may also deliver this notice to the physical address or phone the account if that number has been provided to the Utility Collector.
(b) 
The notice must be postmarked at least 10 days prior to the date of the discontinuation of service; and
(c) 
In the event that the delinquent account is that of a landlord/tenant situation, then the tenant will have the option of paying the delinquent bill.
[1978 Code § 11-2.14]
The owner of any house, tenement, building or lot shall be liable for the payment of the price or rent fixed herein for the use of water, and for installation, purchase price, repair and testing of any water meter(s), or water service(s), connection, appliances or parts, and renewals thereof, heretofore or hereafter furnished or made by the Department in or upon such house, tenement, building or lot, and the interest and penalties charged. Such price or rent or other costs, expenses, interest and penalties as fixed herein shall be a lien upon the house, tenement, building or lot until the same shall be paid and satisfied.