[Amended 5-13-2021 by Ord. No. 04-2021]
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.
[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.
[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 § 146-11c1 and § 146-11c2 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
e.
Duration of Water Use Restrictions. The resolution of the Board of Commissioners required by § 146-11c, 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 § 146-11f 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 Section 146-13).
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 § 146-13).
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 § 146-12b4 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]
a.
Metered service for residential, commercial and industrial customers
shall be:
1.
Minimum water charge for equivalent dwelling unit: $110 per calendar
quarter, payable quarterly beginning in the third quarter of 2021,
for 26,000 gallons per year minimum water consumption allowance.
2.
Excess Water Charge. Beginning in the third quarter of 2021, in addition
to the minimum annual water charge set forth above, a charge will
be made for all water use registered by the meter in excess of the
minimum allowable usage of 6,500 gallons per quarter at the rate of
$11.05 per 1,000 gallons or a fraction thereof used for all customers.
3.
Minimum Water Charge Annual Percentage Increase. On the first of
January beginning in 2022 and reoccurring annually thereafter, the
minimum water charge for residential, commercial and industrial customers
shall increase by 1% per year in order for the Borough to offset increased
costs for the supply of potable water to the Borough.
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 $11.05 per 1,000 gallons or fraction thereof, along with a quarterly fee of $30. The provision in section 146-13(a)(3) above shall apply.
[Amended 9-9-2021 by Ord.
No. 07-2021]
b.
Churches operating in the summer months shall be charged $11.05 per 1,000 gallons or a fraction thereof, as registered by the meter. There is no minimum required or an excess category. These accounts will be invoiced as a consumption account. The Marianist Family Retreat Center and St. Mary's Convent are handled as part of the overall residential system of billing. The provisions set forth in § 146-13a3 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 § 146-13a3 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.
[Amended 5-13-2021 by Ord. No. 04-2021]
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 30 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 § 146-17a.
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
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.
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.
