[Amended 5-13-2021 by Ord. No. 04-2021; 4-11-2024 by Ord. No. 09-2024]
Application for connection to the water distribution system shall be made in writing on a form supplied by the Water-Sewer Clerk and signed by the owner of the property for which the connection is being applied for or by his authorized agent. The information required to be provided by the applicant on the application form shall be applicable to all applications, unless specifically exempted therein.
[Added 4-11-2024 by Ord. No. 09-2024]
Prior to the approval of any application for connection to the Borough's water/sewer system, completed applications shall be reviewed and approved by the Borough's Superintendent of the Water/Sewer Department. Approval of all submitted applications for connection to the Borough's water/sewer system, or required amendments to any submitted applications, shall be in the discretion of the Superintendent of the Water/Sewer Department. The Superintendent of the Borough's Water/Sewer Department shall also have discretion as to the method of supervisory review to be completed pursuant to this section.
[Added 4-11-2024 by Ord. No. 09-2024]
All installation contractors identified on the application form, as required by § 146-3, shall be licensed with the State of New Jersey, and insured in the required amounts set forth on the Borough's application form. Each installation contractor shall also be required to post a performance bond with the Borough of Cape May Point in the amount of $500,000 before the issuance of a permit to connect to the Borough's water/sewer system can be provided.
[Added 4-11-2024 by Ord. No. 09-2024]
In the event that any connection to the Borough's water/sewer system occurs along a county roadway within the boundaries of the Borough of Cape May Point, the applicant, in addition to abiding by all other requirements of this chapter, shall be required to post an inspection fee in the amount of $1,000 per day to the Borough of Cape May Point.
[Amended 5-13-2021 by Ord. No. 04-2021]
There shall be a connection fee of $1,200 for newly installed service to each domestic unit. The fee for other types of connections is to be determined by resolution of the Board of Commissioners upon receipt of application for the same. The property owner or the property owner's agent must obtain the water connection permit prior to applying for the formal new home construction permit. Additionally, the sewer and water laterals must be installed prior to the issuance of a construction permit.
[Amended 5-13-2021 by Ord. No. 04-2021]
The Water and Sewer Utility will supply the corporation stop, water meter, water meter setter, curb stop, and meter box. All laterals, including excavating costs, restoration and paving will be provided and installed at the owner's expense.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
The curb box and the meter shall be installed in the area between the curb and the sidewalk or, if not practicable, at a location to be determined by the Superintendent of the Water and Sewer Utility. All water curb boxes are the property of the Water and Sewer Utility and shall be maintained by the Water and Sewer Utility insofar as ordinary wear and tear are concerned, but damage due to hot water or external causes shall be paid by the owner.
b. 
All extensions of the present water system, which shall include the laying, construction or placing of mains, fittings or other connections, shall be done in accordance with N.J.S.A. 40:56-1 et seq.
c. 
All mains and other improvements made at the expense of any person shall be the property of the Water and Sewer Utility and shall, after inspection by the Borough Engineer and the Water and Sewer Utility and their approval, be the responsibility of the Utility for care, maintenance and repair.
d. 
All plumbing and connections shall be designed to withstand working pressure of at least 125 pounds to the square inch.
[Amended 5-13-2021 by Ord. No. 04-2021]
No owner or tenant of any dwelling or other establishment supplied with water by the Water and Sewer Utility shall be allowed to supply other persons or families or other establishments via use of pipes, hoses or other direct permanent connections.
[Amended 5-13-2021 by Ord. No. 04-2021]
No property owner, plumber or other unauthorized person shall turn the water on or off at the corporation or curb stop on the street side of the meter or disconnect or remove any meter without the consent of the Water and Sewer Utility. No agent or employee of the Borough shall have authority to bind it by any promise, agreement or representation not provided for in these regulations or by express action of the Board of Commissioners.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
The Water and Sewer Utility shall not be held liable or accountable for any damage which may result from water leaks, burst water pipes or from any other causes connected with the supplying of water in occupied or unoccupied dwellings or other establishments.
b. 
The property owner shall be responsible for the maintenance of the service line between the curb stop and the premises, except that repair of the water meter, meter setter and meter box will be the responsibility of the Utility. The property owner shall keep the service line in good repair and protected at all times from damage of any kind and shall be held liable for loss of water resulting from failure to do so. All leaks in the service line shall be promptly reported to the Water and Sewer Utility.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Right to Shut Off Water. The Water and Sewer Utility undertakes to use reasonable care and diligence to provide a constant supply of water through its mains to consumers, but reserves the right at any time, upon notice, to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes. In the case of emergency, such repairs, extensions or other work may be made without notice. The Water and Sewer Utility shall not be liable for a deficiency or failure in the supply of water for causes which could not be reasonably anticipated or foreseen nor for damage caused by bursting or breaking of any main or service pipe or any other attachment of the waterworks of the Water and Sewer Utility or for any causes whatsoever.
b. 
Right to Limit Supply of Water. The Water and Sewer Utility may exercise the right to limit the use of water for any specific purpose. This may be necessary due to the existence of emergency conditions, as set forth in § 146-14, below.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Findings. There is a shortage of potable water in the southern Cape May area and it is estimated that this shortage will worsen in the immediate future due to increased population and increasing salt water intrusion into certain area aquifers. It has been determined that certain uses of water should be regulated, as determined by resolution of the Governing Body of the Borough of Cape May Point, in order to best conserve the supply thereof.
b. 
Applicability. This section shall apply to all persons obtaining or furnishing water from the water utility that is operated by the City of Cape May and supplied to the Borough of Cape May Point through an agreement entered into between the municipalities. This section shall not apply to water obtained or furnished by private wells on private property.
c. 
Declaration of Water Emergency. Whenever the Board of Commissioners shall be satisfied and finds that a water emergency exists in the Borough of Cape May Point, it may adopt a resolution declaring that a water emergency exists in the Borough. Such resolution shall be adopted by the Board of Commissioners at any regular, special, adjourned or emergency public meeting of the Governing Body. Such resolution shall identify that portion or portions of the Borough of Cape May Point affected by the water emergency, which may include the entire Borough, and shall specify which of the water use regulations contained below is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth below. For the purpose of this Article, a water emergency shall exist for any of the following reasons:
1. 
Any public utility providing water service or any municipal utility providing water service to all or a portion of the Borough of Cape May Point has adopted water use restrictions, has notified the Borough, the New Jersey Board of Public Utilities, and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice of such restrictions, and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so; or
2. 
The Board of Commissioners is otherwise satisfied that a water emergency exists in the Borough of Cape May Point.
d. 
Water Use Restrictions. Upon adoption by the Board of Commissioners of a resolution declaring that a water emergency exists in the Borough of Cape May Point in accordance with § 146-14c1 and c2 above, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants except where a bona fide health emergency exists and to exempt businesses, as specified herein, during the water emergency:
1. 
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars; or
2. 
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house numbers on even days, and those having odd house numbers on odd days, with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency; or
3. 
Any other water use restrictions specified by the Governing Body in the resolution required by § 146-14c above which is reasonable under the circumstances considering the nature and extent of the water emergency.
e. 
Duration of Water Use Restrictions. The resolution of the Board of Commissioners required by § 146-14c, above, shall provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the Board of Commissioners shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the Board of Commissioners shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this Article continuing the water use restrictions.
f. 
Violations. The owner or owners of any property where water is used in violation of this section shall also be deemed to have violated this section unless it is affirmatively demonstrated that they have taken reasonable steps to prevent such unlawful use of water such as the conspicuous posting of notices on the property and including these water conservation rules in their leases to so inform their invitees, lessees and users of their property.
g. 
Violations and Penalties. After a first offense, in accordance with § 146-14f above, any person or business which thereafter violates the water use restrictions imposed pursuant to this Article shall, upon conviction, be subject to the following:
1. 
First Offense: Written warning, which shall set forth the penalties for a second and subsequent offense of the ordinance.
2. 
Second Offense: A fine in the minimum amount of $100 and in the maximum amount of $500 or imprisonment for a term not to exceed 10 days, or both. In addition, an appropriate term of community service may be imposed by the Court.
3. 
Third and Subsequent Offense. A fine in the minimum amount of $500 and in the maximum amount of $1,000 or imprisonment for a term not to exceed 30 days, or both. In addition, an appropriate term of community service may be imposed by the Court.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
Reasons for Discontinuance. Water service may be discontinued for any of the following reasons:
1. 
For the use of water for any other property or purposes than that described for in its 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 property owner.
4. 
For molesting or tampering or attempting to molest and tamper with any service pipe, curb stop, seal, water meter or any other appliance of the Water and Sewer Utility.
5. 
For nonpayment of bills for water consumed or services rendered and fines and penalties imposed or for any other reason causing or tending to cause a loss to the Water and Sewer Utility.
b. 
Discontinuance of Service.
1. 
When requested by the property owner or his agent, in writing, the Water and Sewer Utility shall discontinue service to a property. A turnoff charge of $50 shall be made for discontinuing the service, and a turn-on charge of $50 shall be made when service is restored.
2. 
No adjustment of water charges due to failure of the Water and Sewer Utility to discontinue or restore water service as requested by a property owner shall be made unless the request is in writing and duly filed in the Water and Sewer Utility offices. When water is turned on or off at the request of the property owner, there will be no proration of the minimum quarterly charge, including the initial turn-on.
3. 
All properties located within the Borough of Cape May Point with a dwelling structure on the lot, whether the dwelling is occupied or vacant, are responsible for the full minimum quarterly water charge plus an excess water usage (as defined in § 146-16).
4. 
All properties located within the Borough of Cape May Point that are stand alone vacant lots, containing existing curb stop connected to the Borough water main are responsible for an amount 1/3 of the minimum quarterly water charge (as defined in § 146-16).
5. 
Any vacant property within the Borough of Cape May Point that has been officially consolidated into the adjacent main lot containing the dwelling structure by Planning Board resolution, with the same registered property owner, is not responsible for any separate quarterly water charge. If this vacant lot is subsequently separated off the consolidated lot, then its water utility charge status reverts to either § 146-15b4 or not connected.
6. 
If the property owner permanently converts a multiunit building into a single-family dwelling, and all required plumbing fixture adjustments are made, and the changeover action has been approved and confirmed by the Construction Official then, and in that event, separate water and sewer service for the removed units can be officially discontinued.
c. 
Restoration of Service. When water service has been discontinued for any of the reasons in paragraph a, service shall not be restored until the defects have been remedied, the bills due and a charge paid to cover the cost of turning on the water as contained in paragraph b. Furthermore, the property owner shall be liable for any loss sustained by the Water and Sewer Utility as a result of the violation of its regulations.
[Amended 5-13-2021 by Ord. No. 04-2021; 9-9-2021 by Ord. No. 07-2021; 4-11-2024 by Ord. No. 09-2024; 5-28-2024 by Ord. No. 13-2024]
a. 
Metered service for residential, commercial and industrial customers shall be:
1. 
Minimum water charge for equivalent dwelling unit: $120 per calendar quarter beginning on July 1, 2024. Refer to § 146-59b for the chart of equivalent dwelling units.
2. 
Excess Water Charge. Beginning on July 1, 2024, the charge for all water use registered by the meter in excess of 6,500 gallons per quarter shall be $12 per 1,000 gallons or a fraction thereof used for all customers.
3. 
Minimum Water Charge and Excess Water Charge Annual Percentage Increase. Beginning on January 1, 2025, and recurring annually thereafter, the rates and charges in § 146-16a1 and 2 above shall increase by the Federal CPI for All Urban Consumers for the prior twelve-month period, to keep pace with contractual annual increases in the bulk water rate charged by the City of Cape May. This rate increase shall also apply to churches operating in the summer months.
4. 
Special Water Meter Requests. Written application may be made to the Superintendent for the installation of special water meters for swimming pools, air conditioners, sprinklers and similar uses not discharging the entire volume of water into the sanitary sewer system, and the volume of water flowing through special meters shall not be subject to sewer rental. The entire cost of the meter and the installation of the meter shall be borne by the applicant. The fee is $1,415 to include parts to be supplied by the Borough. All water use registered by this meter will be charged at a rate of $12 per 1,000 gallons or fraction thereof, along with a quarterly fee of $30. The provision in § 146-16a3 above shall apply.
b. 
Churches operating in the summer months shall be charged $12 per 1,000 gallons or a fraction thereof, as registered by the meter. There is no minimum or excess category. These accounts will be invoiced as a consumption account. The Marianist Family Retreat Center and Cape May Point Science Center are handled as part of the overall residential system of billing. The provisions set forth in § 146-16a3 and a4, above, shall apply to churches as set forth herein.
[Amended 5-13-2021 by Ord. No. 04-2021]
No person, unless authorized by the Water and Sewer Utility, shall take water from any public fire hydrant except for fire purposes. No person shall in any manner obstruct or prevent free access to any fire hydrant or place or store any object, material, debris or structure of any kind within a distance of five feet of any hydrant. Any obstruction, when discovered, shall be removed by the Water and Sewer Utility at the expense of the person responsible for the obstruction.
[Amended 5-13-2021 by Ord. No. 04-2021; 9-9-2021 by Ord. No. 07-2021]
a. 
The charge for a temporary connection shall be $200 per day. A rate of $11.05 per 1,000 gallons or a fraction thereof, as registered by the meter. The provision in § 146-16a3 above shall apply.
b. 
If any contractor or other person shall desire to temporarily connect to that portion of the borough water system outside the Borough, a written application, in duplicate, must be submitted to the Municipal Clerk 24 hours prior to the time said use is desired and any necessary fee must be paid to the Borough of West Cape May. Approval of said application shall be dependent upon the effect that the desired use would have upon the normal operation of the water system.
[Amended 5-13-2021 by Ord. No. 04-2021]
a. 
In special cases not covered in the schedule of rates or not clearly defined therein, the Borough is authorized to establish by resolution special rates which the Board of Commissioners may deem necessary to keep and maintain the Water and Sewer Utility on a self-liquidating basis.
b. 
In the case of late billings, the Borough is authorized to adjust the due date for the particular quarterly bill by resolution.
[Added 10-28-2025 by Ord. No. 10-2025]
For the purposes of this section, the following definitions apply:
DEMOLITION
Shall mean the complete or partial razing of a structure.
ELEVATION
Shall mean the complete or partial lifting or raising of a structure.
LEAD SERVICE LINE
Shall mean a service line made of lead or galvanized material.
PROPERTY OWNER
Shall mean the legal owner of a property where demolition is occurring.
SERVICE LINE
Shall mean the pipe connecting a building's plumbing system to the public water and/or sewer mains.
[Added 10-28-2025 by Ord. No. 10-2025]
Before any demolition or elevation, all existing water lines must be replaced if they are made of lead, galvanized steel, or other hazardous materials, as determined by a qualified inspector. Any sewer line that is made of terra cotta, transite, or other similar materials, as determined by a qualified inspector, must be replaced with PVC pipe.
[Added 10-28-2025 by Ord. No. 10-2025]
Prior to demolition or elevation, the property owner must arrange for a qualified inspector to identify the material of which the service line(s) are made, and must report the inspector's findings, together with the facts of the planned demolition and replacement, to the Cape May Point Water and Sewer Department and Zoning Officer.
[Added 10-28-2025 by Ord. No. 10-2025]
a. 
The property owner and/or their contractor shall be responsible for the safe removal and replacement of the service line, and shall follow all applicable safety and environmental regulations.
b. 
After replacement, the Borough of Cape May Point Water and Sewer Department shall restore water service to the property.
[Added 10-28-2025 by Ord. No. 10-2025]
The property owner shall be responsible for the cost-of-service line replacement, including construction and inspection fees, and contractor costs.
[Added 10-28-2025 by Ord. No. 10-2025]
A demolition permit may require an additional fee to cover the cost-of-service line replacement oversight.
[Amended 5-13-2021 by Ord. No. 04-2021; 4-11-2024 by Ord. No. 09-2024]
a. 
Payment of Water Bills. Bills for all water furnished by the Water/Sewer Utility shall be sent out quarterly and shall be due and owing in full within 30 days of the mailing date thereof. Any water bill which is not paid in full within this thirty-day period shall thereafter bear interest on the total amount owed on the account of 18% per annum. In the event that any account, including interest thereon, is not paid in full within one year from the date of the bill for the past due amount shall result in a municipal lien being placed against the property. The imposition of any such municipal lien shall be in addition to any other remedies the Borough shall have to collect the full amount, including interest, of the monies owed it for the furnishing of water.
1. 
At the time of any property transfer within the Borough, the quarterly payment is to be prorated to the exact date of transfer.
2. 
All charges for services not specifying a due date shall be due and payable when presented.
3. 
All bills shall be payable to the Water-Sewer Clerk or other authorized person in the office of the Water and Sewer Utility at the Borough Hall, 215 Lighthouse Avenue, Cape May Point, New Jersey 08212.
b. 
Discontinuance of Service for Delinquent Bills. Water shall be shut off in the event that any bill for service provided in this section remains unpaid for 60 days after it becomes due and payable, and the service shall not be restored until the arrears are paid in full, including the turnoff and turn-on charge.
c. 
Unpaid Arrearages. Unpaid arrearages carried over past December 31 into the following year will receive a flat rate surcharge of $25 per residential unit, in addition to the normal monetary penalty defined in § 146-20a.
d. 
Water Leakage Policy.
1. 
It is the responsibility of every homeowner to prevent water leakage year-round and to take proper precautions to winterize their home. This is particularly important for homes raised off the ground on pilings. A homeowner is disqualified from receiving relief should there be a pipe breakage caused by failure to winterize the home.
2. 
If the home had been winterized, and there was no reasonable way for a pipe breakage to have been discovered, and there had been no other breakage or unusually large water consumption in the prior five-year period, then, and in that event, water usage shall be computed as outlined in paragraphs 3a through 3c below. The property owner must also provide substantiation that the house was winterized in order to receive relief.
3. 
If a homeowner experienced a catastrophic event not specifically related to winterizing their home, such as a broken water line or malfunctioning equipment or similar event, for which there was no reasonable way for the leakage to be discovered, and there had been no other breakage or unusually large water consumption in the prior five-year period, then, and in that event, water usage shall be computed as outlined in paragraphs a through c below. A leaking toilet, faucet or outdoor shower or malfunctioning irrigations system do not qualify as a catastrophic event.
(a) 
The average five-years' usage, or a minimum of the 26,000 gallons annual usage, will be invoiced at the prevailing standard Cape May Point water customer rate; and
(b) 
The next 200,000 gallons excess will be invoiced at the interlocal bulk purchase rate, plus a $1 per 1,000 gallons' administrative charge; and
(c) 
All excess water beyond that will be invoiced directly at the interlocal bulk purchase rate for that year.
(d) 
All excess sewer charges beyond the average five years usage, or a minimum of the 26,000 gallons annual usage, will be forgiven if it is proven by the property owner, to the reasonable satisfaction of the Borough, that none of the excess water leakage was discharged into the Borough sewer system.
4. 
A request for adjustment must be made in writing and be accompanied by an affidavit from a licensed plumber or person making repairs certifying the nature of the malfunction, the date of occurrence, its duration, the repairs made to correct it and an itemized invoice detailing the services performed. The homeowner must also give consent to the Borough to enter the property to inspect it and to investigate the request for adjustment if necessary.
[Amended 5-13-2021 by Ord. No. 04-2021]
Any person receiving a supply of water for any purpose from the Water and Sewer Utility of the Borough shall be subject to the rules and regulations established by this chapter.
a. 
Private Wells and Pumps Prohibited. All buildings requiring or desiring water shall be connected with the water system of the Borough and shall not use any private well, pump or other means for the furnishing of water to any premises, other than a separate private well for lawn-watering purposes.
b. 
Only one consumer to each service line is permitted. Where two or more consumers are supplied through a single service line, any violation of the rules of the Utility with reference to either of such consumers, as the case may be, shall be deemed to be a violation as to all, and the Utility may take such action as could be taken if it were used by a single consumer. After January 1, 1983, a single service line shall not be permitted to serve more than one "physical unit," which is defined as a property not divisible for sale or ownership by more than one owner.
c. 
Private Water System Prohibited. No private water system shall be connected in any way to the Borough water system.
d. 
Incorrect Registering of Meters. Failure of a meter to register properly shall be reported immediately to the Utility. Charges for water during the period of such failure shall be computed on the basis of average consumption over a reasonable period of time prior to the reporting of the failure. Should a consumer believe that the meter is not registering properly, the consumer shall file a written complaint with the Water and Sewer Utility, whereon the meter will be removed and tested by the Water and Sewer Utility. If it is found to register against the consumer by more than 3%, there will be no charge for removing and repairing the meter. However, if the meter is found to register against the consumer by less than 3%, a charge of $50 will be made to the consumer to cover the time to pull, test and replace the meter, inclusive of the gallons of water required to test the meter. The Water and Sewer Utility shall have the right to make period tests of all meters at no cost to the consumer.
e. 
Use of Water Without Meter Prohibited. All connections shall be metered, and the use of water without a meter makes the property owner liable for the minimum yearly fee, in addition to any penalties imposed under this section. No fixture of any kind from which water might be drawn shall be placed on the street side of a meter. The Borough may order the water supply discontinued upon repeated offenses.