Borough of Spring Lake Heights, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. #2-1966, § 117-1]
A Water Department is hereby established in the Borough of Spring Lake Heights.
[Ord. #2-1966, § 117-2]
Written application for water service connection and/or supply, shall be made on forms furnished by the Borough, and shall be filed with the Water Department. Each form shall contain this statement: that the Borough does not guarantee any definite water pressure; that the Borough shall not be responsible or liable in damages for the shutting off of water for any cause whatsoever or for accidents affecting the supply of water or interruption of service or for any mechanical, chemical or electrical difficulty resulting in an interruption or cessation of the water service.
[Ord. #2-1966, § 117-3; Ord. #6-1992]
The charge fixed for tapping the main and installing corporation cock, service pipe to the curb, curb stop and curb box, as well as the minimum charge for supply to the end of the current billing period, shall be paid to the Water Department before any service connection will be installed or before water will be supplied.
[Ord. #2-1966, § 117-4]
A service line will be used to supply a single building or a group of buildings, as a group of factory buildings; hospitals; or a single institution having a number of separate buildings. Not more than one service line shall be run into a building unless by special agreement between the Water Department and the applicant for such service line. Each service line shall be subject to the payment of the rates as hereinafter set forth.
[Ord. #2-1966, § 117-5]
As used in this chapter:
CUSTOMER
Shall mean the person or corporation who owns a property as hereinafter classified that is:
a. 
A building under one roof and occupied as one business or residence, or
b. 
Each side of a double house having a solid vertical partition wall, making it capable of divided ownership.
c. 
Each apartment in a building of more than one apartment.
[Ord. #2-1966, § 117-6; New]
If the owner of a multi-family dwelling or apartment house desires to have meters installed for each family, the Water Department will install such meters upon proper application therefor, and only in accordance with the following specifications:
a. 
A suitable location must be provided in the basement or cellar where all meters can be placed in an accessible position, free from danger or damage either from frost or hot water, or undue heat, and where they will not be subject to possible mechanical damage.
b. 
The piping of the building must be so arranged that each apartment will be supplied through its independent meter and the piping for such apartment run independently from the meter location.
c. 
The connection at the meter must include a suitable stop-cock of a type arranged to be locked when closed and must also be so arranged that the Water Department will not be required to do any pipefitting, but will merely have to connect the meter by means of unions already in place. The union connections are to be put in place at the expense of the owner and will remain as a part of the permanent piping of the building.
d. 
Condominium and townhouse developments. An individual meter shall be installed in the supply line to each individual unit in such common ownership development, and no certificate of occupancy shall be issued if individual meters are not installed.
[Ord. #2-1966, § 117-7]
Service pipes will not be installed when the service pipe passes over or through premises which, at any time, may be the property of persons other than the owner of the premises to be supplied, unless the owner of the premises supplied assumes the liability.
[Ord. #2-1966, § 117-8; Ord. #2-1969]
a. 
Where a water connection has been previously installed and water is desired, the proper application must be signed by the owner.
b. 
All service connections between the curb box and the meter shall be of 3/4-inch copper or brass tubing, or as prescribed by the Water Department.
c. 
In the event of larger than 3/4-inch pipe, the applicant will pay the additional cost between the 3/4-inch and the size service required.
d. 
All contracts or agreements covering water supply shall expire on the last day of December, next succeeding the date of the contract or agreement, but all contracts or agreements shall continue in force from year to year after the expiration of that date, unless 30 days' notice in writing is given by either party of a desire to terminate the contract on the next succeeding last day of December, provided that nothing herein shall be construed to prevent the making of contracts for extensions of service or other special conditions.
e. 
When the supply of water is to be temporarily cut off, notice may be given, when practicable, to all customers affected by the shutting off, stating the probable duration of the interruption of service, and also the purpose for which the shutoff is made.
f. 
A supply of water for buildings or other special purposes, except on a lot or premises already supplied with water by meter, must be applied for.
g. 
All use of water other than by the applicant, or for any purpose or upon any premises not stated or described in the application, must be prevented by him. In all cases where new service connections have been installed, or where any new pipes have been installed, the meter shall not be connected or the water supply turned on until after the Water Department has inspected such new service connections and such new pipes and unless he shall approve such installations. In order to facilitate the inspection by such Superintendent, all ditches excavated, flooring or walls open in order to facilitate the inspection by such Superintendent, must be kept open and the pipes exposed until after the Superintendent shall have inspected the pipes and connections, and shall have approved such installation and connections.
h. 
The Water Department may at any time restrict or regulate the quantity of water used by the consumer in case of scarcity, or if, in the judgment of the Mayor and Council, such restriction or regulation may be necessary for the health, safety and general welfare of the community in case of fire or any other situation deemed an emergency.
1. 
In the event of any fire or other emergency requiring a shutting off of the water system or a curtailment in water usage, the Borough shall not be held liable under any circumstances for the shutting off thereof or for the deficiency or failure in the supply of water, or the curtailment of use, or for any other cause whatsoever, or liable for any damage caused by increased pressure during fires, drills, etc., by the fire company or otherwise.
2. 
Any application made for water service hereunder shall be held and construed to be made under the provisions of this section.
3. 
The department will generally flush all service mains twice a year. Said schedule of the dates and times for flushing shall be noticed in the official Borough newspaper and posted about the Borough. The Borough shall not be held liable for any damages resulting from the use of water during the noticed times of system flushing.
i. 
In the event that the Mayor and Council shall determine that a shortage of water may occur due to prolonged drought or a drop in well or reservoir level, breakdown of system equipment, necessity of repair, or any other cause or emergency reason, the following uses of water may be deemed not essential to the health, welfare and safety of any Borough water customers and may be restricted or prohibited by order of the Water Department:
1. 
The sprinkling, watering or irrigation of any vegetation.
2. 
The washing of trucks, cars and any other forms of mobile equipment, business or industrial equipment.
3. 
The washing of driveways, sidewalks, houses, buildings and any other outdoor surfaces.
4. 
The operation of any ornamental fountain, pool or similar use.
5. 
Swimming and bathing facilities of any type of recreational nature.
6. 
The use of water by any business or establishment if it is not essential to the health, safety and welfare of Borough residents.
[Ord. #2-1966, § 117-9; Ord. #6-1992]
a. 
Service may be discontinued for any of the following reasons:
1. 
The use of water for any property or purpose other than that described in the application.
2. 
For willful waste of water through improper or imperfect pipes, fixtures, or otherwise.
3. 
For failure to maintain in good order, connections, service lines or fixtures owned by the applicant.
4. 
For molesting any service pipe, meter, curb, stop- cock or seal or any other appliance of the Water Department.
5. 
In case of a vacancy of premises.
6. 
For neglecting to make or renew advance payments, for nonpayment for water service, or any other charges accruing under the application.
7. 
For refusal of reasonable access to the property for purposes of inspecting or for reading, caring for or removing meters.
8. 
For violation of any regulations pertaining to the supply of water by the Borough of Spring Lake Heights.
b. 
Water will be turned off from any premises upon proper request of applicant without in any way affecting the existing agreement for service.
c. 
Service will be renewed under application when the conditions under which such service was discontinued are corrected, and upon the payment of all charges provided in the schedule of rates or tariffs due from the applicant.
[Ord. #2-1966, § 117-10; New]
a. 
Meters shall be conveniently located at the point approved of by the Water Department so as to control the entire supply, and a proper place and protection for the meter shall be provided by the applicant, unless the meter is to be installed at the curb. A one-way stop-cock or gate valve shall be placed on the service line on the street side of and near the meter, and a stop and waste cock or valve on the other side of the meter.
b. 
Meters will be furnished and maintained by the Water Department without charge up to one inch diameter, so far as ordinary wear and tear are concerned, but damage due to freezing, hot water or external causes shall be paid for by the consumer.
c. 
All water delivered to consumers shall be measured by meters, and sold at meter rates, and all premises not now metered will be metered before water is supplied.
d. 
In case of a disputed account involving a question as to the accuracy of a meter, such meter will be tested by the Water Department upon the request of the applicant. In the event that the meter so tested is found to have an error in the registration in excess of 3%, the bills will be corrected accordingly. If meter tests are required more often than once each year, they shall be made at the expense of the applicant.
e. 
Meter readings shall be conclusive upon the customer and shall be taken to be the sole evidence of the amount passing through the meter, except where the meter has been found to be registering inaccurately, or has ceased to register; and in either case, the quantity used may be determined by the average registration of the meter when in order, or by such fair and reasonable method as shall be determined upon, on the basis of the best information obtainable.
f. 
Water will not be furnished where pipes are inferior, the plumbing defective or the faucets, water closets or other fixtures leaky or imperfect, and when such conditions are discovered, the supply of water will be cut off, unless immediate repairs are made.
g. 
Stop-cocks at curbline are for the exclusive use of the Water Department.
[Ord. #2-1966, § 117-11]
Complaints regarding the character of the service furnished, or the reading of meters, or of the bills rendered, must be made at the business office of the Water Department, either verbally or in writing, and a record of such complaint will be made, giving the name and address of the complainant, the date, the nature of the complaint, and the remedy, and the record must be signed by the complainant.
[Ord. #2-1966, § 117-12]
a. 
No person, except the Superintendent of the Water Department, or other authorized person, shall take water from any public fire hydrant, hose plug, street washer or fountain pipe, except for fire purposes or for the use of the Fire Department in case of fire; and no public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters or for any other than fire purposes, except with the approval of the Water Department.
b. 
Upon application to the Water Department for a fire sprinkler service outlet, the cost of the outlet shall be fixed by the Water Department. A deposit in an amount determined by the Water Department shall be paid with the application and any excess shall be refunded upon completion of the work.
1. 
All fire service outlet taps and installation of same shall be made under the supervision of the Water Department.
2. 
The Water Department reserves the right to install the fire service outlet tap, if it so desires.
3. 
The standard standby fee for fire service outlet shall be not more than $100 per year for any installation served by one tap.
4. 
The fire service system shall have a detector check installed to verify the operation of the system and water usage.
5. 
There shall be no charge for any water used from the fire service outlet in the event of fire.
6. 
Up to a two-inch metered line will be allowed to be tapped off the fire outlet service line for domestic usage of water.
[Ord. #2-1966, § 117-13]
a. 
All pipes, meters and fixtures shall be subject at all reasonable hours to inspection by employees of the Water Department identified by proper badges. No plumber, owner or other unauthorized person shall turn the water on or off at any corporation stop or curb stop or disconnect or remove the meter.
b. 
No agent or employee of the Water Department shall have authority to bind the Borough by any promise, agreement or representation not provided for in these rules.
c. 
A copy of this provision will be delivered to each new customer upon request, upon application for water service.
[Ord. #2-1966, § 117-14; Ord. #2-1969; Ord. #15-1971; Ord. #6-1972; Ord. #4-1978; Ord. #3-1982, § 2; Ord. #4-1985, § 1; Ord. #9-1986, § 1; Ord. #2-1988, § 1; Ord. #11-1990, § 1; Ord. #21-1990, § 1; Ord. #6-1992; Ord. #6-1993, § 1; Ord. #7-1995, §§ 2, 3; Ord. No. 4-2003, §§ 1, 2; Ord. #16-2007, § 2; Ord. #02-2012; Ord. No. 2017-11]
a. 
The minimum charge for yearly service, in addition to the amount charged for yearly usage, to each customer shall be:
1. 
Residential (Single Family Unit) - $280 per unit of service use. Residences having a second service use shall be charged for a second unit of use. If, however, the second use shall have been vacated and not used for a period of at least two full years then the second service charge may be eliminated and a special service charge of $25 per year imposed in its place which shall not be prorated. The owner thereof shall make application in writing prior to June 1st of any billing year for elimination of the above second billed unit and acceptance of the special water service charge. A required Certificate of Occupancy shall determine the right of the Borough for a second service use charge.
2. 
Apartments (Multifamily Unit): $280 per apartment unit.
3. 
Motel Rooms: $200 per motel unit.
4. 
Convalescent Rooms: $200 per unit. Each additional sleeping room shall be classed as a unit.
5. 
Rooming Houses: $200 per rooming unit. Each individual sleeping room shall be classified as a rooming unit.
6. 
Commercial Units: $500 per unit.
b. 
The foregoing "service rate" is due and payable in advance of four quarterly installments on August 1, November 1, February 1 and May 1. The hereinafter "water used" rate shall be determined from the previous quarter's meter reading to show excess used for the previous quarter, and shall be billed each quarter. In the event that a payment date falls on a Saturday, Sunday, or holiday, the payment date shall then be the first business day thereafter.
1. 
Any combination of uses within a structure for residential and/or commercial or other uses shall pay the combined rates for all such uses.
2. 
Customers connecting into the water system, shall at the time of connection, pay the applicable charges for the quarterly installment most previously billed by the Borough.
c. 
1. 
For the first 11,000 gallons of water each quarter the charge shall be included in the basic charge for service as set forth in subsection 15-1.14a above.
2. 
For each 1,000 gallons or fraction thereof in excess of 11,000 gallons and up to 25,000 gallons (water used), there shall be the additional charge of $4.50 per 1,000 gallons or fraction thereof in excess of this amount.
3. 
For usage which exceeds 25,000 gallons, the excess shall be billed at the rate of $6.50 per 1,000 gallons or fraction thereof in excess of this amount.
4. 
To all bills paid more than 30 days after the same shall become due, interest shall be charged at the rate established on January 1 by resolution of Mayor and Council.
5. 
The Borough shall have the right through inspection to determine the proper billing usage unit classification and to determine the true number of billing units on which to base the yearly charge.
6. 
Rate effective with next billing cycle after adoption.
d. 
Senior Citizen and Disabled Reduction. Any person owning a single family unit and residing in the Borough of the age of 65 or more years, or less than 65 years of age and permanently and totally disabled according to the provisions of the Federal Social Security Act, 42 U.S.C. s.301 et seq., or disabled under any Federal law administered by the United States Department of Veterans Affairs if the disability is rated as 60% or higher, and the person either is annually eligible to receive assistance under the "Pharmaceutical Assistance to the Aged and Disabled" (PAAD) program, P.L. 1975, c.194 (C.30:40D-20 et seq.) or has a total income not in excess of $10,000 per year exclusive of benefits under any one of the following:
1. 
The Federal Social Security Act, 42 U.S.C. s.301 et seq. and all amendments and supplements thereto;
2. 
Any other program of the Federal government or pursuant to any other Federal law which provides benefits in whole or in part in lieu of benefits referred to in, or for persons excluded from coverage under paragraph d,l of this subsection including, but not limited to, the Federal "Railroad Retirement Act of 1974," 45 U.S.C. s.231 et seq., and Federal pension, disability and retirement programs; or
3. 
Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under paragraph d,1 of this subsection except that, the total amount of benefits to be allowed exclusion by any owner under paragraphs d,2 or d,3 of this subsection shall not be in excess of the maximum amount of benefits payable to, and allowable for exclusion by, an owner in similar circumstances under paragraph d,1 of this subsection shall be entitled to a reduction in their annual water service charge in the sum of $25. Such reduction shall be limited to one reduction per single family unit and one reduction per qualifying person. To obtain the benefit of the reduction, a person must have made an initial application by January 30, 2012 to the Collector on a form which certifies that the person meets the qualifying criteria. Thereafter, those who have previously qualified shall file an annual application for a continuation of the reduction no later than January 30th of the year for which the reduction is sought to the Collector on a form which certifies that the person meets the qualifying criteria. However, no new initial applications shall be accepted after January 30, 2012.
[Ord. #2-1966, § 117-15; Ord. #2-1969; Ord. #15-1971; Ord. #4-1978; Ord. #9-1986, § 2; New; Ord. #2-1988, § 2; Ord. #10-1990, § 2; Ord. #6-1992; Ord. #2-1995, § 1; Ord. #5-2007, § 1; Ord. #16-2007. § 2; Ord. No. 27-2010; Ord. No. 02-2012]
a. 
The charge for installing a complete water service shall be the sum of $1,000, which shall include a three-fourths-inch tap in the main, running service to the curb and installing a curb stop with a meter, yoke and three-fourths-inch-by-five- eighths-inch water meter.
b. 
For a one-inch tap, the charge shall be the sum of $1,100.
c. 
For a two-inch tap, the charge shall be the sum of $1,700.
d. 
For a three-inch tap, the charge shall be the sum of $2,300.
e. 
For a four-inch tap, the charge shall be the sum of $2,900.
f. 
For any larger taps, the price thereof shall be fixed at the time of application.
g. 
For any tap where the scope of the work requires the services of an outside heavy equipment contractor to excavate for the service tap, the applicant shall pay any incurred charges over and above the code charge for that size of tap and the actual amount of the bill incurred plus an amount sufficient to cover the cost of the meter and administrative charges.
1. 
Any fees imposed by any other agency in connection with the installation of a water service, such as for State highway opening permits, shall also be paid by the applicant for service.
h. 
At the time of application with respect to a tap to be made, the amount due shall be paid for in advance, together with the current quarterly billing of the amount of the water bill as estimated by the Water Department.
i. 
When service is discontinued due to lack of occupancy, nonpayment of bills or violation of the Borough's rules, charges will be made as follows:
1. 
For turning off or turning on the water at the curb, $100.
2. 
When water is turned off at the main, involving excavation in a public street: in a graveled street, $500; in a paved street, the full cost thereof.
3. 
For temporarily or seasonally discontinuing water service (turn off), $10.
4. 
For temporarily or seasonally starting up water service (turn on), $10.
j. 
Changing and Testing Meters.
1. 
The charge for changing meters, when a meter is removed for repairs for which the customer is responsible, will be $100 for meters up to one inch in diameter plus $50 per inch for meters over one inch.
2. 
The Water Department will, at the request of any consumer, test the meter by having it sent to a certified meter inspection company upon the payment of $50, payable in advance. If the meter is found to be fast, bills rendered will be adjusted with the understanding that, when the test is made, the meter or meters will record within 2% of absolute correctness upon ordinary-size flows or openings. In no case shall there be an adjustment of less than the minimum of the annual service charge. If the meter is found to be correct the consumer or owner shall be responsible for all cost of the inspection in addition to the $50 paid in advance. If the meter is found to be defective, the consumer or owner shall be refunded the test fee.
k. 
When the water has been turned off for nonpayment of charges or for violation of any of the provisions of this section, it shall not be turned on again without the direction of the Water Department and until all expenses attending to the turning off and turning on of the water, together with the charges accrued, shall have been paid. If it is found that the water has been turned on again without compliance with this section, the Superintendent of the Water Department may cause the service connection to be removed, and it shall not be restored until the provisions of this section have been fully complied with and until all back charges and expenses have been paid and directions issued for the turning on of water.
l. 
Where a meter is set at the request of a customer, the customer shall pay for such setting the amount determined by the Water Department.
m. 
Filling of Swimming Pools.
1. 
Application may be made to the Water Department to arrange for the filling of swimming pools and other such uses. A fee of $50 will be charged upon application. Such filling and usage of water shall be under the strict supervision of the Superintendent of the Water Department and shall be done at his discretion.
2. 
There shall be a fixed charge of $50 for each fifty-foot length of filling hose required from the hydrant to the swimming pool site.
3. 
Water usage to fill such pools, etc., shall be charged at the average rate of $5.60 for each 1,000 gallons used.
n. 
In any case where the Water Department is caused to respond to premises for the making of repairs that are caused by the actions or inaction of the owner and/or occupant of the premises and the making of said repairs are required to be made during hours other than the Water Department's regular business hours, the owner of said property shall be obligated to reimburse the Borough for a minimum of two hours work at the rate of $150 per hour and shall additionally reimburse the Borough the sum of $150 for each hour thereafter. The decision as to who is responsible for the repairs that are required to be made shall rest with the manager and/or superintendent from the Water Department on site.
[Ord. #2-1966, § 117-16]
All bills for furnishing water, or rendering service in connection therewith, shall be paid upon the completion of the service rendered and before the water shall be turned on.
[Ord. #2-1966, § 117-17]
The owner of any house, tenement, building or lot shall be liable for the payment of the charges hereby fixed for the use of the water by the owner or occupant of such premises, and such charge shall be a lien upon such house, tenement, lot or premises until the same shall be paid and satisfied, and in case prompt payment of any water charges shall not be made when the same become due, the water may be shut off from such building, place or premises, and shall not be again supplied until arrears with interest thereon shall be fully paid; and the Council shall also take the proceedings authorized by law for the enforcement of the water charges as a lien upon the house, tenement and lot or other premises, by a sale of the premises in the manner provided by law; and in addition to the remedies above provided, the Council may take such other remedies for the collection of water charges as are authorized by law.
[Ord. #2-1966, § 117-18; Ord. #10-1990, § 3]
In the event of any water distributed to be consumed outside of the Borough, a deposit of $550 is required, plus the cost of the meter, which shall be placed within the Borough, and the meter shall be read quarterly. Any consumer outside the Borough limits shall supply their own service line to the meter in the Borough. All water distributed to out-of-Borough consumers will be at the discretion of the Borough Council, and such distribution shall be made only through a 3/4-inch line.