[Ord. #9/19/73, § 89-1]
A Water Department is hereby established in and for the Borough of Beachwood.
[Ord. #9/19/73, § 89-2; Ord. #7/1/76, § 1; Ord. #12/18/78, § 1; Ord. #85-13, § 1; Ord. #94-22, § 1]
The owner of any building or structure located along a public street containing a public water main shall be required to make application for the use of Borough water and to hook-up to the Borough water supply system within 60 days of the system becoming available. In the event of new construction, no Certificate of Occupancy shall be issued until such time as the water connection is completed and the appropriate agreement entered into with the Borough. The application and its acceptance by the Borough shall constitute a contract between the Borough and the applicant, obligating the applicant to pay the Borough its rates, as established, and to comply with its rules and regulations. The hook-up fee shall be the hook-up charge established by subsection 15-1.9.
[Ord. #9/19/73, § 89-3; Ord. #7/1/76, § 1]
As used in this chapter.
BOROUGH
Shall mean the Borough of Beachwood, in the County of Ocean and State of New Jersey.
CUSTOMER
Shall mean any person or other entity owning, occupying or using any unit of property which receives water service from the Borough. Each customer shall be obligated to pay the Borough its rates, as established, and to comply with its rules and regulations. For purposes of this chapter, the following property unit classifications shall apply:
a. 
Each residential dwelling house occupied by a single-family unit shall be a customer.
b. 
Each apartment or other living unit of an apartment house or boardinghouse which is occupied by or intended for occupancy by a tenant, boarder or separate family unit shall be a customer.
c. 
Each business, commercial or professional structure occupied by a single business, commercial or professional entity shall be a customer.
d. 
Each store, office or other unit of a business, commercial or professional structure which is occupied by or intended for occupancy by a separate business, commercial or professional entity shall be a customer.
e. 
Each building, structure or use of any kind which requires water for habitability, use or occupancy shall be a customer.
[Ord. #9/19/73, § 89-4; Ord. #11/7/73, § 1; Ord. #91-03, § 1; Ord. #98-21, § 1; Ord. #2004-07, § 1; Ord. #2010-12]
a. 
Service connections from the street main to curbline, including the meter yoke and box, shall be made by the Borough at its cost and shall be under its sole control. Each service line supplied in excess of one shall create a separate water service contract obligating the customer to pay the applicable rates and fees for water service.
b. 
Service connections from the curbline to the building shall be installed at the expense of the customer. All service lines shall be of at least three-fourths (3/4") inch Type K soft copper tubing bearing the manufacturer's stamp in the copper. All joints underground must be made with flared or compression couplings. No soldered joints are permissible. Where pipe is larger, it shall correspond to the size of the meter.
c. 
There shall be placed in the service pipe, inside the wall line of the building supplied and so located as to drain all of the pipes in the building as well as the meter, a stop-and-waste cock, approved by the Borough, easily accessible to the occupants for their protection in enabling them to turn off the water in case of leaks and to drain the pipes to prevent freezing.
d. 
All leaks in the service pipes and fixtures in and upon the premises supplied beyond the curbline must be properly repaired by the owner or occupant. On failure to make such repairs with reasonable dispatch, the Borough, upon due notice, may turn off the water from the premises and the water will not be turned on again until all necessary repairs are made and all bills, including a turn-on charge of $25 are paid in full. The Borough shall in no way be responsible for maintenance of or for damage done by water escaping from the service pipe or any other pipe or fixture on the outlet side of the curb cock.
e. 
In case two or more customers are supplied with water through one service pipe under control of one curb stop, if any of the parties so supplied shall violate water rules and regulations, the Borough reserves the right to apply its shutoff regulations to the joint service line, except that such action shall not be taken until the innocent customer, who is not in violation of the Borough's rules, has been given reasonable opportunity to attach the service pipe leading to his premises to a separately controlled service connection.
f. 
The service pipe shall be located at least ten (10') feet from any septic tank, cesspool, drainage field or sewer lateral.
g. 
The water service line shall be inspected after installation and before being covered up. It shall be the responsibility of the contractor or owner to request such inspection from the Borough. No Certificate of Occupancy for the building shall be issued except upon approval of the finished water installation by the Borough after a second inspection of the completed installation. It shall be the responsibility of the owner or contractor to request such final inspection from the Borough.
h. 
No owner or contractor shall install or permit the installation of the service line or water meter under any driveway or walkway.
i. 
No service connection, installation of water meter or curb service shall be made prior to receipt of finished grade elevation information relating to the crown of any adjacent road or roads, and no meter installation will be made until the service pipe from the building to the curbline has been installed. The water service pipe shall be at right angles from the water main to a point twenty (20') feet inside the property line and shall be located a minimum distance of five (5') feet from the side line of the property.
j. 
Additionally, in the event the Borough is requested to reset or reinstall a water meter for service previously discontinued, the fee for said resetting or reinstallation of the meter shall be $25.
k. 
In the event the Borough is requested to reconnect a water service as a result of it being discontinued or turned off for nonpayment, then that fee for reconnecting the service shall be $75 if service is reconnected during the hours of 8:00 a.m. to 4:30 p.m. If said service has to be reconnected between the hours of 4:30 p.m. and 8:00 a.m., the fee shall be $100.
l. 
In the event a Borough water utility customer requests the Borough to turn off or turn on their water service there shall be a charge of $25 per turn off or turn on.
[Ord. #9/19/73, § 89-5; Ord. #7/1/76, § 1; Ord. #87-8, § 1]
a. 
Service to all customers shall be rendered by the use of meters, with the exception of flat rate service provided for public and private fire service customers.
b. 
All meters shall be furnished and installed by the Borough and remain the property of the Borough and shall be accessible to and subject to its control. They shall be conveniently located at a point approved by the Borough so as to control the entire supply. The customer must bear the cost of all pipe changes on his premises made necessary to receive the water.
c. 
A suitable check valve, if required by the Borough, shall be placed between the stop-and-waste cock or valve and the meter. If a check valve is required, a safety valve should be inserted at some convenient point on the house piping to relieve excess pressure due to heating water.
d. 
Meters will be maintained by the Borough as far as ordinary wear and tear is concerned, but the customer shall be responsible to the Borough for an injury or damage arising from his fault or neglect. The customer shall permit no one not an agent of the Borough to remove, inspect or tamper with the meter or other property of the Borough on his premises. Any person violating the provisions of this paragraph shall, upon conviction, be subject to a fine of $150 or imprisonment for 10 days, or both. All damages due to freezing, hot water or other external causes shall be paid by the customer, and the Borough will not be liable for any damage arising from conditions beyond its control.
e. 
In case of a disputed account involving the accuracy of the meter, such meter shall be tested upon the request of the customer in conformity with the provisions of the rules and regulations pertaining to water service utilities of the Public Utility Commission of the State of New Jersey.
f. 
The Water Inspector, meter reader or other properly authorized representative shall have access at all reasonable hours to the premises supplied for the purpose of reading meters, making necessary inspections or repairs or removal of meters. It shall be the responsibility of the customer to maintain free and clear access to the water meter box for purposes of reading the meter.
[Ord. #9/19/73, § 89-6; Ord. #7/1/76, § 1; Ord. #87-8, § 2; Ord. #89-6, § 1; Ord. #98-04, §§ 1, 2; Ord. #2006-01, § 1]
a. 
Meters will be read quarterly, and customers will be billed quarterly for all water consumed during the previous period, in accordance with the Borough's filed rates. The grace period for the payment of water bills shall be 25 days from the date of mailing by the Borough of Beachwood to the customer. Thereafter interest shall run at the rate of 18% per annum until said delinquent payment is received by the Borough.
b. 
In cases where the meter has been found to be registered inaccurately or has ceased to register, the quantity of water used may be determined by the average registration of the meter in a corresponding past period when in order.
c. 
Any customer may discontinue water service by giving the Borough written notice not less than 48 hours prior to the discontinuance. It shall be the responsibility of the customer to prove to the satisfaction of the Borough that any dwelling or structure where the discontinuance is requested is vacant at the time of such request. All liability for charges for service rendered after proper discontinuance of such service shall cease. Substitution of an alternate source of water supply other than that provided by the Borough of Beachwood is prohibited.
d. 
Customers are reminded that water service charges are a lien against the property pursuant to New Jersey statute. Any agreement between the owner of the property and a tenant shall have no effect concerning said statutory lien.
e. 
In the event that a water customer requests a water meter test, there will be no charge for the first test in a calendar year. In the event of a subsequent request, the fee will be $25 per test in the same calendar year.
[Added 5-19-2021 by Ord. No. 2021-07; 7-21-2021 by Ord. No. 2021-11]
[Ord. #9/19/73, § 89-7]
All built-in lawn sprinkler layouts are subject to the approval of the Borough, and such service must be contracted for on an annual basis. Sprinkler lines must be so valved that the maximum discharge through all sprinklers is no greater than 40 gallons per minute.
[Ord. #9/19/73, § 89-8; Ord. #11/7/73, § 3]
a. 
Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the Water Department and the fire company or by such persons as may be specially authorized by the Borough and have procured written permission.
b. 
The Borough shall not be liable for any claim or damage arising from the shortage of water, the breaking of machinery or other facilities, or any causes beyond its control.
c. 
As necessity may arise in case of a break, emergency or other unavoidable cause, the Borough shall have the right to temporarily cut off water supply in order to make the necessary repairs, connections, etc., but the Borough will use all reasonable and practicable measures to notify the customer in advance of such discontinuance of service. In no case will the Borough be liable for any damage or inconvenience suffered by the customer, nor in any case for any claims against it anytime for interruption of service, lessening of supply, inadequate pressure, poor quality of water or any other cause beyond its control.
d. 
The Borough reserves the right to change or amend, from time to time, these rules and regulations and rates for the use of water, in accordance with law and upon approval of the Mayor and Borough Council.
e. 
Water service may be discontinued by the Borough for violation of any of the rules and regulations contained herein.
f. 
No agent or employee of the Borough shall have the authority to bind the Borough by any promise, agreement or representation not provided for in these rules and expressly authorized by the Mayor and Borough Council.
g. 
All water service installations shall comply with the requirements of this chapter and with any special instructions issued by the Borough at the time application is made for installation of service and the required fee therefor shall have been paid.
h. 
Any costs incurred by the Borough in addition to the fees set forth in this chapter, for the installation of meters or lines, including additional costs for road opening permits, shall be paid by the contractor or owner to the Borough.
i. 
Any damage caused by any person to Borough water facilities or to any part of the system including hydrants, meter boxes, meters, water mains, valve boxes, etc., shall be repaired by the Borough at the expense of the person causing such damage.
j. 
Any changes to be made in the location of the meter box or other portions of the service system because of changes in the original finished grade of the property shall be made by the Borough and the cost thereof shall be paid by the contractor or owner.
k. 
The costs for the installation of water mains or extensions thereof requested by any owner or contractor in order to provide water service to the property shall be paid by such contractor or owner at prevailing rates as determined from time to time by the Borough.
l. 
Any person intending to install a water service on any property shall first obtain from the Borough a copy of instructions pertaining to the installation of water services and sign a receipt for such copy of instructions.
m. 
It shall be unlawful for any person, whether contractor, owner or otherwise, to connect or permit the connection of more than one property or dwelling, except as otherwise provided herein, to the Borough water system. The contractors, owners or persons connected to or permitting the connection to the Borough water system of any properties in violation of this subsection shall be deemed in violation thereof. In addition to the penalties otherwise prescribed in this chapter for violation of this chapter, the Borough may terminate water service to all properties in violation of this subsection until such violation shall have been removed.
[Ord. #9/19/73, § 89-9; Ord. #4/3/74; Ord. #7/1/76, § 1; Ord. #12/18/78, § 1; Ord. #88-11, § 1; Ord. #88-12, § 1; Ord. #93-22, § 1; Ord. #97-01, § 1; Ord. #97-29, § 1; Ord. #98-24, §§ 1, 2; Ord. #2000-20, §§ 1, 2; Ord. #2002-22, §§ 1—3; Ord. #2004-05, §§ 1, 2; Ord. #2006-01, §§ 2, 3; Ord. #2009-14, § 1; Ord. #2010-01; Ord. No. 2016-01]
a. 
Minimum charge shall be:
Size of Meter
2016
Minimum Charge
(quarterly payment)
2017
Minimum Charge
(quarterly payment)
2018
Minimum Charge
(quarterly payment)
Up to 1"
43.00
46.25
49.95
1 1/2
101.45
109.55
118.30
2"
119.75
129.35
139.70
3"
182.95
197.60
213.40
4"
244.50
264.05
285.15
5"
406.10
438.60
473.70
b. 
A minimum charge as stated in paragraph a of this subsection shall be the charge for consumption or use of the first 7,000 gallons or less per quarterly period. Thereafter, the additional charge shall be $5.95 for the year 2016; $6.40 for the year 2017 and $6.90 for the year 2018 for every 1,000 gallons used over and above the 7,000 gallon minimum.
c. 
(Reserved)
d. 
Any customer whose quarter-annual water consumption does not exceed 7,000 gallons shall be liable for payment of the appropriate minimum charge as set forth in paragraph a of this subsection. Any customer whose quarter-annual water consumption exceeds 7,000 gallons shall, in addition to the above minimum charge be liable for payment of an additional charge computed in accordance with paragraph b of this subsection.
e. 
Water connection fees or hookup fees as discussed in subsection 15-1.2 are hereby established as follows:
[Amended 5-19-2021 by Ord. No. 2021-07]
Size of Service
(inches)
Hookup Charge
3/4
$3,000
1
$3,000
1 1/2
$3,000
2
$4,000
4
$5,000
[Ord. #9/19/73, § 89-10; Ord. #7/1/76, § 1]
a. 
An annual charge of $100 shall be payable for each fire hydrant connected to the Borough water supply system.
b. 
The annual charge for private fire service lines shall be as follows:
Size of Service Connection
(inches)
Rate
(per year)
2
$100.00
4
200.00
6
350.00
8
500.00
10
650.00
12
800.00
c. 
In addition to the above a surcharge of fifty ($0.50) cents per year per sprinkler head will be due and payable annually.
d. 
All bills for fire protection service furnished under this chapter are to be rendered annually.
[Ord. #84-23, § 1]
There is hereby adopted by and for the Borough of Beachwood, Ocean County, New Jersey a set of rules and regulations for the Water Department entitled "Borough of Beachwood Rules and Regulations for Water System Extension and Connections, August, 1984." The rules and regulations are hereby adopted by reference and are comprised of 32 pages as prepared by John S. Truhan Associates. Three copies of these rules and regulations are on file in the office of the Borough Clerk of the Borough of Beachwood for inspection during regular business hours. Interested parties may obtain copies for the required fee from the Borough Clerk.
[New]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the General Penalty as established in Chapter 1, Section 1-5.
[Ord. #86-19, § 1]
The following definitions shall apply to the provisions of this section:
WATER EMERGENCY
Shall mean any unusual situation resulting from natural or unnatural causes which causes a shortage or the imminent danger of a shortage in the water supply or water reserves of the municipal or public water supply system so as to endanger the health, safety or resources of the residents of this municipality by reason of the lack of water supply or water pressure for fire emergencies, for cooking and for basic sanitary purposes.
[Ord. #86-19, § 1]
When, in the judgment of the Mayor a water emergency as defined herein is determined to exist, said Mayor shall forthwith proclaim in writing the existence of such a water emergency.
[Ord. #86-19, § 1]
After the declaration of a water emergency by the Mayor, he may order the cessation of use of water from the municipal or public water supply system except for cooking, for necessary sanitary purposes and for fire or other emergencies for which water is needed. Pursuant to such declaration, the Mayor may order the cessation of the use of the municipal or public water supply for the washing of cars, the watering of lawns, the filling of swimming pools and for all other purposes which are deemed to be nonessential and not necessary for the public health, safety and welfare. In the alternative, the Mayor may adopt regulations which will promote conservation of water by limiting the nonessential use of the municipal or public water supply at certain hours and on certain days, according to schedules to be established by the Mayor.
[Ord. #86-19, § 1]
The Mayor is hereby empowered to issue and enforce such other orders and regulations as may be necessary to implement and carry out the purposes of this chapter and to protect the health, safety and resources of the residents of this municipality.
[Ord. #86-19, § 1; Ord. #88-21, § 1]
All regulations and orders authorized by this chapter and adopted pursuant to this chapter by the Mayor shall be promulgated by posting copies of such orders and regulations on the official bulletin board of the Borough of Beachwood and in such other public places as the Mayor may deem appropriate and by publishing a copy of such orders and regulations in an official newspaper of the Borough.
[Ord. #86-19, § 1; Ord. #88-21, § 1]
Any person who violates any one or more of the provisions of this section shall be subject to a fine of not less than $50 nor more than $500 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Each day that a violation continues after notice has been served shall be deemed a separate and distinct offense.