[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 7-77; Ord. No. 11/15/79; Ord. No. 02-05A]
All owners of residences and businesses in the Borough are required
to provide for water meter and sewer service where the service is
available.
Each owner of a residence or business in the Borough is required
to provide for a separate water meter for each residence or business.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79; Ord. No. 04-13; Ord. No. 05-10; Ord. No.
2018-13; Ord. No. 2019-06]
a.
Each and
every water connection shall be made by the use of copper or other
suitable metal pipe extending from inside the building foundation
to the nearest water main at a minimum depth of forty-eight (48) inches
from street grade, and the connection shall be in all other respects
as required by existing Plumbing Codes.
b.
There
shall be no physical connection between the public water supply and
an unapproved water supply (as defined by Title 8 of the New Jersey
Administrative Code).
c.
All water
connections shall be metered by a municipal approved meter, and all
water meters shall be set by, or under the supervision of the Lakehurst
Department of Public Works.
d.
Where
an agreement as part of a developmental plan either by the Land Use
Board or the Borough calls for the developer to provide water meters,
said meters shall revert to Borough ownership upon setting and turn
on of the water service.
e.
All repairs
or replacement of water meters shall be performed by the Department
of Public Works or a licensed contractor approved by the Borough.
f.
When a
request has been made to the Borough, a separate meter to monitor
lawn-sprinkling systems shall be installed to accurately record water
gallonage used by the system.
g.
ACCOUNT
LAWN-SPRINKLER SYSTEM
SEWER SYSTEM
For the
purpose of this section, the following terms, phrases, words, and
their derivations shall have the meanings stated herein unless their
use in the text of this chapter clearly demonstrates a different meaning.
The word "shall is always mandatory and not merely directory.
shall mean the residence or business recorded by the utility
department as having the water/sewer service for the block and lot.
shall mean an in the ground system designed to irrigate the
lawn and shrubbery, having no connection to the municipal sewer system.
shall mean systems that are designed to carry sanitary sewage
at all times.
h.
Notwithstanding
the fact that the Borough owns and controls all water meters tied
to service in the Borough, the Borough has deemed, effective October
1, 2018, that meters installed internally and separate from main meters
are no longer required to be maintained by the Borough for accurate
measurements of water and sewer service into a property, so long as
a main meter exists to measure water flow into the property served.
The Borough reserves the right and privilege of furnishing the supply
of water to the property and the property owner to pay the charge
for such water on a metered basis at such rate as may be from time
to time provided by ordinance.
i.
Effective
October 1, 2018, maintenance of any such internal water meters shall
be ceded to the property owner of any such property where such internal
meters exist. Maintenance must be performed by a plumber licensed
in the State of New Jersey. Service connection extension and inspection
and removal of the internal water meters shall be at the expense of
the property owner. Once removed, the meter shall be returned to the
Borough.
j.
Effective
October 1, 2018, the Borough shall bill and measure water usage and
bill water and sewer usage exclusively from the main meter(s) measuring
such flows into a property, thereby insuring one measurement of service
for each property as the property exists on the Borough’s tax
map within the Borough.
k.
The Borough
shall not be responsible for any damages resulting from previously
installed service connections or from any meters previously installed
or provided that will, consistent with the terms and conditions of
this subsection, be turned over to property owners in accordance with
this subsection.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No person shall make any water or sewer connection to any portion
of the water supply system in the Borough, except upon proper permit
issued by the Borough after tapping fees and service charge are paid,
as set forth in this chapter, and approval secured in writing from
the Public Works Department Head.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No person, except a duly authorized person or persons designated
by the Governing Body, by proper resolution, shall take water from
any public fire hydrant, except in case of fire purposes, and for
the use of the Fire Department in case of fire, nor shall anyone in
any way use or take water for private use, unless such person shall
first pay for the privilege and receive the usual permit from the
Department of Public Works of the Borough.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
The provisions of this chapter shall also apply to applications
for the extension of water or sewer distribution systems, provided,
however, that such applications shall be made only where sufficient
demand for service warrants. The Governing Body shall determine the
terms and conditions upon which such applications or petitions may
be granted. Extension of new main lines in general, shall be made
as local improvements, the benefits of which are assessable to owners
of abutting property in accordance with statutes made and provided.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
Each consumer must have installed at his own expense a stop
and waste valve on the service pipe inside the building. The valve
is to be installed within one (1) foot of where the service pipe enters
the building and the valve must be so located and arranged that the
water supply may be shut off without difficulty.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79; New]
Under no circumstances shall curb stops be opened or closed
by any person not an authorized employee of the Department of Public
Works.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No person, except a duly authorized employee of the Department
of Public Works, shall open or close any valve in the water main of
the Borough.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No person shall break, damage, destroy, uncover, deface or tamper
with any structure, meter, line sewer, appurtenance or any equipment
which is part of the municipal system of the water works and the sewer
works and plants of the Borough.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
The Department of Public Works may at any time restrict or regulate
the quantity of water used by the consumer in case of scarcity, if,
in the judgment of the Governing Body, such restriction or regulation
may be necessary for the safety of the community, in case of fire
or any other emergency. In case of necessity, the Department may be
at liberty to shut off the water supply system in order to make repairs
and the Borough shall not be liable under any circumstances for the
shutting off thereof, or for any deficiency in the supply of water,
whether by the occasion of the shutting off of water or any other
cause whatsoever. The Borough shall not be held liable for any damage
caused by increased pressure being put on the mains during the time
of fire, drills by the fire companies or any other time; and all applications
made under this chapter for water and sewer service of any type whatsoever
shall be held and construed to be made subject to the provisions of
this subsection.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
The Borough shall have the right to reserve a sufficient supply
of water at all times in its reservoir to provide for fires and other
emergencies.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79; Ord. No. 90-09; Ord. No. 91-02]
In any case of a temporary vacancy by the owner or occupant
of any premises, the water shall be turned off upon written request
of the owner or his authorized agent at least twenty-four (24) hours
in advance. A charge of twenty-five ($25.00) dollars shall be made
by the Department for the turn-off if the turn-off is done during
normal working hours Monday through Thursday, 7:00 a.m. to 3:30 p.m.
A fee of sixty ($60.00) dollars shall be charged for turn-off during
any other hours or during any other days. In any case of a request
for the water to be turned on, the request must be made in writing
at least twenty-four (24) hours in advance. A fee of twenty-five ($25.00)
dollars shall be charged for the turn-on providing it is done during
normal working hours Monday through Friday, 7:00 a.m. to 3:30 p.m.
A fee of sixty ($60.00) dollars shall be charged for turn-on during
any other hours or during any other days. At the discretion of the
Department of Public Works, a quick turn-on/turn-off done as part
of a repair may be billed as one (1) fee only, provided that prior
approval is obtained from the Department of Public Works.
There shall be no involuntary turn-off after 3:30 p.m. on Thursdays.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79; Ord. No. 02-12; Ord. No. 2012-07]
Service under an application may be discontinued by the Department
of Public Works for any of the following reasons:
a.
For
the use of water on any other property or building or purpose than
that described in the application.
b.
For
the willful waste of water through improper or imperfect pipe, fixtures
or otherwise.
c.
For
failure to maintain in good order, connections, service lines or fixtures
owned by the applicant.
d.
For
molesting any service pipes, meter, curb stop, box, seal, or any other
appliance of the Department.
e.
In case
of vacancy of premises.
f.
For
neglecting to make payments or for nonpayment of water and/or sewer
service, or for any other charges accruing under application, including
excess water charges.
g.
For
refusal of reasonable access to the property for purposes of inspecting
or reading, caring for or removing meters or for refusal of entry
at all reasonable hours to the premises of any users of the sewer
service for the purposes of examining the pipes and fixtures.
h.
For
fraudulent representation on the part of the consumer or the owner
of the premises.
i.
Persistent
violation of the rules and regulations of the Department of Public
Works or a violation of any provision of this chapter.
[Ord. No. 02-12]
a.
Generally.
1.
Upon
the receipt of notice that discontinuance of service shall become
effective, the party concerned shall also be given notice that he
has the right to either enter into a payment plan with the utility
or appeal such discontinuance of service application to the Governing
Body. During the pendency of any payment plan or appeal as provided
below, the application of the Department of Public Works for discontinuance
of service shall be stayed.
(a)
Payment Plan. Should the party concerned wish to enter into a payment
plan the party shall make a written request for the entry into a payment
plan on a form designated by the Borough Administrator. The Borough
Administrator may enter into an agreement for payment with the party
so concerned, subject to approval by the Governing Body. Should the
party so concerned be unable to enter into any such agreement with
the Borough Administrator, or have such plan rejected by the Governing
Body, or to be deemed to have violated any such agreement by the Borough
Administrator and have thereafter received a notice of discontinuance
of service, the party so concerned may appeal any such decision to
the Governing Body, pursuant to the procedures set forth in paragraph
a,1(b) below.
(b)
Presentation before Governing Body. Should the party concerned wish
to appeal a notice of discontinuance of service, or appeal the decision
of the Borough Administrator for either failing or refusing to enter
into a payment plan or deeming that a payment plan is now in default,
or appeal the decision of the Governing Body for failure to ratify
a payment plan, the party concerned may, upon written request delivered
to the Borough Administrator on a form so designated, request a hearing
before the Governing Body, who shall then be the final judge as to
whether or not to enter into a payment plan with the party concerned
or to discontinue service to the party so concerned. A full report
of the basis of the Borough's position shall be made available to
the party concerned and the Governing Body prior to any hearing. In
considering the appeal of the party concerned, the Governing Body
shall give due regard to the seriousness of any alleged violations;
the good faith efforts or the lack thereof by the party concerned
to remedy any of the alleged violations; and the reasonable time period
necessary to correct such violations.
2.
The
Governing Body shall have the power to ratify or enter into any payment
plan, and to stay or cancel any discontinuance of service and provide
a reasonable time period within which the party concerned shall correct
the violations of which he is charged.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
a.
No plumber
or owner or occupant of a premises shall turn on water to any premises,
whether an old or new supply, in cases where the water has been turned
off for nonpayment of water or sewer fees and charges, or for any
other cause, without the written permission of the Department of Public
Works.
b.
Where
water has been turned off for any cause, it is to be recorded on the
books of the Department of Public Works, and the charge, except for
the minimum annual rate, ceases from the date, or where water recorded
as turned off is at any time found on, it is expressly agreed by the
consumer and owner that the Department may charge for the use of water
from the time it is recorded as being turned off, in addition to any
arrears chargeable against the premises.
c.
In cases
where the Department of Public Works shall cut off the water or sewer
service, no consumer or user of the service shall have any claim for
damages, compensation or for the abatement of any charge made or fee
imposed. Further, when any premises are occupied by more than one
(1) tenant drawing water through the same service pipe, the owner
of the property shall be responsible for water and sewer fees and
charges, and if the water is cut off from the premises the same shall
not be turned on until all fees and charges due and all expenses for
cutting off and turning on the water or sewer services shall be paid
in full.
d.
Sales for Delinquencies. The foregoing regulations for discontinuance
of service shall be in addition to the power and action of the Tax
Collector of the Borough to advertise and proceed with the sale of
property furnished water and sewer charges within the Borough for
nonpayment of delinquent water and sewer charges as provided for by
the statutes of the State of New Jersey.
e.
Restaurant Connections. No premises used for the operation
of a restaurant or similar business shall be connected to or used
in connection with the sewer system of the Borough, unless such connection
shall be equipped with a grease trap of the type approved by the Plumbing
Inspector of the Borough. Such grease trap shall be of a type which
shall effectively trap any grease present in the effluent or other
by-products of waste materials produced by restaurant facilities on
the premises.
f.
Drainage. No person shall be entitled to damages or rebate
of any portion of payments due because of accident, addition or repairs
to any portion of the water or sewer system of the Borough.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
a.
The Public
Works Department Head or any authorized employee of the Department
of Public Works, or any person or persons designated by the Governing
Body for that purpose, may at all reasonable hours, enter the premises
of any water service consumer or any sewer service user for the purpose
of inspecting any water or sewer connection or service equipment.
b.
The Public
Works Department Head, or any authorized employee of the Department
of Public Works is authorized to enter any premises as hereinabove
provided to examine the meter, read the meter, make all necessary
repairs and tests, remove or replace any meter when deemed necessary,
examine all pipes and fixtures for conformity with the provisions
of this chapter, and check the number of fixtures connected to the
sewer and water service.
c.
The Plumbing
Inspector shall examine all water and sewer service connections, from
the curb to and in the building and lands surrounding the same, for
conformity with the provisions of this chapter and shall properly
report his findings to the Department of Public Works as provided
by Borough ordinances and regulations of the Board of Health.
d.
All changes
of water or sewer services, connections or fixtures must be inspected
by the Plumbing Inspector and reported by him to the Department of
Public Works, as well as by the person making such change.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No person shall discharge or cause to be discharged any of the
following described waters or waste in any portion of the sewer system
of the Borough:
a.
Any liquid
or vapor having a temperature higher than one hundred fifty (150°F)
degrees Fahrenheit.
b.
Any water
or waste which may contain more than one hundred (100) parts per million,
by weight, of fat, oil or grease.
c.
Any gasoline,
benzene, naphtha, fuel oil or other flammable or explosive liquid,
solid or gas.
d.
Any garbage
or trash.
e.
Any ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, paunch, manure or any other solid or viscous
substance capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the sewerage works.
f.
Any waters
or waste having a "pH" lower than 5.3 or higher than 9.0 or having
any other corrosive property capable of damage or hazard to structures,
equipment and personnel of sewage works. "pH" shall mean the logarithm
of the reciprocal of the weight of hydrogen ions in grams per liter
of solution.
g.
Any waters
or waste containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with a sewer treatment process, or constitute
a hazard to humans or animals, or create any hazard in receiving waters
of the sewage treatment plant.
h.
Any waters
or waste containing suspended solids of character and quantity that
unusual attention or expense is required to handle such materials
at the sewage treatment plant.
i.
Any noxious
or malodorous gas or substance capable of creating a public nuisance.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79; Ord. No. 05-12; New]
There shall be no cellar drains, area drains, roof leaders,
sump pumps, or down spouts connected to the sewage system.
a.
Pretreatment Facilities.
1.
At all
premises where wastes or substances specified to be prohibited or
otherwise excluded from public sewerage collection systems by this
chapter are present and liable to be discharged directly or indirectly
into said systems, suitable and sufficient piping layouts, oil, grease,
sand and flammable waste traps or separators, screens, settling tanks,
diluting services, storage or regulating chambers or treatment, cooling
or other equipment and devices shall be provided. These shall be maintained
and properly operated by the owner of the premises or his agent, at
his expense, to ensure that no waste or substance is discharged in
violation of the requirements of this chapter. All food establishments,
dry cleaners and laundries are required to have interceptors.
(a)
The type and size of each interceptor or other separating device
shall be in compliance with the N.J.A.C. 5:23 et seq. The appropriate
construction permit shall be obtained before the installation of any
device pursuant to and in accordance with this subsection.
(b)
The Municipal Engineer or other authorized personnel of the Borough
of Lakehurst shall have the right to enter and inspect any part of
the premises served by the public sewerage collection system to ensure
compliance of this section. Each waste trap or separator, screen,
settling tank, diluting service, storage or regulating chambers or
treatment, cooling or other equipment and device shall be so installed
that it is readily accessible for inspection by the appropriate municipal
department responsible for the enforcement of this subsection.
2.
Prior
to connection to the sewerage collection system all such establishments
required to install a pretreatment system as set forth above, which
shall include but not be limited to restaurants, taverns, bakeries,
supermarkets, butcher shops and similar establishments, that dispose
of fat, oil or grease wastes into the sanitary sewer collection system
shall be required to install an approved grease trap. Grease traps
or separation devices that are approved by the State of New Jersey
Plumbing Code and local code as promulgated by ordinance must be maintained
at those locations.
3.
Installation
and Inspection.
(a)
The municipality reserves the right to approve of the installation
and thereafter routinely inspect the system for proper maintenance.
(b)
Each waste trap or separator, screen, settling tank, diluting service,
storage or regulating chambers or treatment, cooling or other equipment
and device shall be maintained in an efficient operating condition
by periodic removal of accumulated grease, scum, oil or other floating
substances and solids deposited in the interceptor.
(c)
Every establishment where such waste trap or separator, screen, settling
tank, diluting service, storage or regulating chambers or treatment,
cooling or other equipment and device has been installed shall prepare
and submit to the Borough's Department of Public Works a written program
of inspection and cleaning of the traps, to include invoices for cleaning,
on a quarterly basis: 1 March; 1 June; 1 September; 1 December.
(d)
Compliance inspections shall be conducted by the Department of Public
Works, Plumbing Subcode Official and Code Enforcement Officer, and
other municipal officials, who shall be known collectively as "Enforcement
Officers." An inspection shall be made of each premises required to
have a waste trap or separator, screen, settling tank, diluting service,
storage or regulating chambers or treatment, cooling or other equipment
and device on a periodic basis by the enforcement officers. This inspection
shall include a review of the operation and maintenance records required
to be kept by the owner, in addition to inspecting that the unit is
operational.
4.
Assessment
of Costs.
(a)
In the event that the Borough shall be required to undertake such
work as necessary to remove obstructions in the public sewer system
caused by liquid wastes containing grease, oil, flammable waste, sand,
solids and other ingredients harmful to the Borough sewage systems
due to the failure to install and/or maintain a waste trap or separator,
screen, settling tank, diluting service, storage or regulating chambers
or treatment, cooling or other equipment and device as required herein,
all or part of the cost of any work shall be billed directly to the
owner of such facility, business or commercial establishment. In the
event that the owner shall fail to remit said payment, the cost of
any work, with the interest thereon, shall be assessed upon the land
on which the facility, business or commercial establishment is located
and which benefited directly from the work. Said costs shall forthwith
become a lien upon the lands and shall be added to and form a part
of the taxes next to be assessed and levied. Said sums shall be certified
to the person or persons whose duty it is to collect the taxes of
the Borough of Lakehurst and shall be collected in the same manner
and at the same time as other taxes.
(b)
In the event that the Borough is required to implement a regular maintenance program, including but not limited to the addition of bacterial agents into the main sewer line, in connection with such waste trap or separator, screen, settling tank, diluting service, storage or regulating chambers or treatment, cooling or other equipment and device, the costs thereof shall be assessed to each facility owner in the manner prescribed in subsection a. hereinabove.
5.
This
subsection shall be enforced by the Code Enforcement Officer and other
municipal officials of Borough of Lakehurst.
6.
Person
shall mean any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
b.
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not less than five hundred ($500.00) dollars and not to exceed the maximum penalty stated in Chapter 1, Section 1-5. Each day or part thereof for purposes of this subsection shall be deemed to be a separate violation and subject to the penalties prescribed.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
Any new or revised connection with the sewer lines or sewer
trunks shall be made only upon payment of fee and issuance of a permit
by the Borough, who shall supervise the connection.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79]
No agent or employee of the Department of Public Works shall
have the authority to bind the Department of the Borough by any promise,
agreement or representation, not provided in this chapter, unless
authority is given in writing and approved by a resolution of the
Governing Body.
[1973 Code § 9-1.7; Ord. No. 4/18/74]
Each and every sewer connection shall be made either with cast
iron soil pipe not less than four (4) inches in diameter, caulked
and leaded, or with asbestos cement pipe not less than four (4) inches
in diameter, with rubber gasket couplings, extending from inside the
building foundation to a sewer and in a manner to discharge into the
sewer all sanitary sewage originating in the building, and no such
lateral or connection shall admit ground water infiltration into the
sewer, and the connections shall be in all other respects as required
by any Plumbing Code adopted by the Governing Body.
[1973 Code § 9-1.15; Ord. No. 4/18/74]
The employees of the Borough so authorized by resolution of
the Governing Body, shall have the right to enter the premises of
any person at reasonable hours so as to install, test, repair, and
read the meters of the owner of any of the premises. The owners shall
agree to comply with reasonable rules and regulations with reference
to the location of any meters herein referred to and to keep the same
accessible for reading and inspection by the Borough and its employees.
[1973 Code § 9-1.9; Ord. No. 4/18/74]
The Governing Body shall designate one (1) of its employees,
or a Borough official to give notice to the owner of property who
has not complied with an order to connect. Such notice shall be addressed
to the owner of the property as the name of the owner appears in the
last tax duplicate of the Borough; shall describe the property by
lot and block designations as the same appears on the tax map of the
Borough; and by the street address, if a street exists; and shall
state that by order of the Governing Body, the owner is required to
connect each building on the property with a sewer, in accordance
with the terms of this section on or before date with respect to such
building or, within ninety (90) days after service of such notice
as hereinafter provided, and the notice shall also describe the penalty
which may be imposed hereunder for failure to comply with the notice
and order, in accordance with the terms of this section. The notice
may be served on the owner personally or by leaving it at his usual
place of abode with a member of his family above the age of eighteen
(18) years. The notice may also be served within or without the limits
of the Borough by mailing the same by registered or certified mail,
return receipt requested, to the last known post office address of
the owner, as the same appears on the last tax duplicate of the Borough.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 11/15/79 § VI; Ord. No. 89-07 §
III; Ord. No. 92-06 § III; Ord. No. 95-04 § III; Ord. No. 97-03 § III; Ord. No. 99-15 § III]
The connection fee shall be at the rate of one thousand ($1,000.00)
dollars per unit. A unit shall be described as follows:
a.
Each single-family
dwelling;
b.
Each single-family
apartment dwelling or motel with kitchen or kitchenette facilities:
For the first unit at nine hundred fifteen ($915.00) dollars each;
additional such units thereafter at four hundred sixty ($460.00) dollars;
c.
Where
a commercial, industrial, professional, institutional or public user
exceeds four hundred (400) gallons a day, then each four hundred (400)
gallons shall be considered one-half (1/2) unit after the initial
four hundred (400) gallon unit.
d.
As to
motels or hotels, defined as such, consisting of manager and/or office
quarters and other lodging accommodations without kitchen or kitchenette
facilities, the initial service charge shall be nine hundred fifteen
($915.00) dollars for the first lodging accommodation (manager and/or
office quarters) and nine hundred fifteen ($915.00) dollars for every
two (2) lodging accommodations thereafter;
e.
Plus cost
of construction from main to curb.
[1973 Code § 9-1; Ord.
No. 4/18/74; Ord. No. 8/15/74 §§ 3, 4; Ord. No. 11/15/79 § VII; Ord. No. 89-07 §
IV; Ord. No. 92-06 § IV; Ord. No. 95-04 § IV; Ord. No. 97-03 § IV; Ord. No. 99-15 § IV; Ord.
No. 04-03; Ord. No. 07-04; Ord. No. 08-15; Ord. No. 10-09; Ord. No.
2017-01; Ord. No. 2019-01]
Ordinance No. 2019-01, rates effective 1/1/2020:
It is hereby established that the annual cost of sewer service,
effective January 1, 2020, shall be as follows:
a.
Each residential
living unit including, but not limited to, single-family dwellings,
duplexes, apartments, and mobile/homes shall pay, as the minimum,
on the basis of one hundred nine dollars and sixty-one ($109.61) cents
per quarter, whether services by individual service or by manifold
serviced by one (1) connection. Residential rates for sewerage shall
be five dollars and ninety ($5.90) cents per one thousand (1,000)
gallons over the minimum of twelve thousand (12,000) gallons.
b.
Commercial
rates for sewerage shall be six dollars and twenty-four ($6.24) cents
per one thousand (1,000) gallons over the minimum of ten thousand
(10,000). The following minimum rates per quarter shall be charged:
|
1.
|
Bar and Taverns
|
$158.85
|
|
2.
|
Restaurants
|
140.79
|
|
3.
|
Laundromats
|
158.85
|
|
4.
|
Laundries
|
158.85
|
|
5.
|
Church, fraternal organizations and schools
|
102.12
|
|
6.
|
Retail stores
|
119.83
|
|
7.
|
Garage, service stations
|
119.83
|
|
8.
|
Beauty salons, spas
|
140.79
|
|
9.
|
All other commercial and business
|
119.83
|
|
10.
|
Motels
|
158.85
|
|
11.
|
Rooming houses (per 1-5 rooms)
|
79.43
|
|
12.
|
Car wash/detail shop
|
158.85
|
[1973 Code § 9-1.12; Ord. No. 4/18/74; Ord. No. 8/15/74; §§ 5, 6]
a.
Single-family
detached dwelling, including mobile home on private lot: sixty-five
($65.00) dollars per annum.
b.
Duplex
family dwelling: sixty-five ($65.00) dollars for each living unit;
e.
Bar rooms:
one hundred ($100.00) dollars.
f.
Restaurants:
one hundred ($100.00) dollars.
g.
Laundromats:
one hundred forty ($140.00) dollars.
h.
Churches,
fraternal organizations, schools, stores, garages, service stations:
seventy ($70.00) dollars.
i.
Service
stations with car wash: seventy ($70.00) dollars.
[1973 Code § 9-1.13; Ord. No. 4/18/74]
All annual charges for sewer service shall be payable annually
on January 31 of each year.
[Ord. No. 4/18/74; Ord. No. 11/15/79 § IX]
All sewer user charges shall be reviewed not less often than
every two (2) years. The user charge system shall be revised, if necessary,
at such times to accomplish the following:
[1973 Code § 9-1.2; Ord. No. 4/18/74; Ord. No. 11/15/79 § 2; Ord. No. 89-07 §
I; Ord. No. 92-06; Ord. No. 92-14; Ord. No.
95-04 § I; Ord. No. 97-03 § 1; Ord. No. 99-15 §
1]
The following are the connection fees for the water meter service
up to and including:
|
a.
|
3/4 inch service
|
$ 900.00
|
|
b.
|
1 inch service
|
1,040.00
|
|
c.
|
1 1/2 inch service
|
1,195.00
|
|
d.
|
2 inch service
|
1,250.00
|
|
e.
|
3 inch service
|
1,400.00
|
|
f.
|
4 inch service
|
1,800.00
|
|
g.
|
6 inch service
|
2,600.00
|
[1973 Code § 9-1.3; Ord. No. 4/18/74; Ord. No. 11/15/79 § III]
For water-cooled refrigeration systems and air conditioners
the following annual rates shall be charged for the use of water in
this Borough:
a.
Each water-cooled
refrigeration system not having a recovery system attached, twenty-five
($25.00) dollars payable quarterly.
b.
Each air
conditioner having a capacity of five (5) tons more with water recovery
system attached, ten ($10.00) dollars.
c.
Each air
conditioner using water with no recovery system attached, five ($5.00)
dollars per ton.
d.
Permits
for the installation of water-cooled refrigeration system and/or conditioners
shall be granted by this Borough at a charge of two ($2.00) dollars
per permit.
e.
Any air
conditioner or water-cooled refrigeration system using water and to
be hereafter erected in a commercial establishment shall have a recovery
tank for the conservation of water.
[1973 Code § 9-1.4; Ord. No. 4/18/74; Ord. No. 8/15/74 §§ 1, 2; Ord. No. 11/15/79 § IV; Ord. No. 10/1/81; Ord. No. 6/5/82; Ord. No. 89-07 § II; Ord.
No. 92-06 § II; Ord. No. 95-04 § II; Ord. No. 97-03 §
II; Ord. No. 99-15 § 2; No. 00-11 § 2; Ord. No. 04-03; Ord. No. 06-10; Ord. No. 07-04; Ord. No.
08-15; Ord. No. 10-09; Ord. No. 2015-06; Ord. No. 2017-01; Ord. No. 2019-01]
a.
Charges.
1.
It is
hereby established effective January 1, 2019 the following annual
water rates, per quarter, shall be as follows:
Minimum Charge per Quarter
|
Meter Size
|
Minimum Charge up to 12,000 Gallons
|
Per 1,000 Gallons for use 12,000–24,000 Gallons
|
Per 1,000 Gallons Over 24,001 Gallons
|
|---|---|---|---|
|
¾”
|
$ 53.00
|
$ 6.06
|
$ 8.06
|
|
1”
|
74.00
|
6.06
|
8.06
|
|
1.5”
|
113.00
|
6.06
|
8.06
|
|
2”
|
144.00
|
6.06
|
8.06
|
|
3”
|
277.00
|
6.06
|
8.06
|
|
4”
|
431.00
|
6.06
|
8.06
|
|
6”
|
1190.00
|
6.06
|
8.06
|
2.
It is
hereby established effective January 1, 2020 the following annual
water rates, per quarter, shall be as follows:
Minimum Charge per Quarter
|
Meter Size
|
Minimum Charge up to 12,000 Gallons
|
Per 1,000 Gallons for use 12,000–24,000 Gallons
|
Per 1,000 Gallons Over 24,001 Gallons
|
|---|---|---|---|
|
¾”
|
$ 54.00
|
$ 6.21
|
$ 8.26
|
|
1”
|
76.00
|
6.21
|
8.26
|
|
1.5”
|
116.00
|
6.21
|
8.26
|
|
2”
|
148.00
|
6.21
|
8.26
|
|
3”
|
284.00
|
6.21
|
8.26
|
|
4”
|
442.00
|
6.21
|
8.26
|
|
6”
|
1220.00
|
6.21
|
8.26
|
b.
Also,
each residential living unit including, but not limited to, single-family
dwellings, duplexes, apartments and mobile homes, shall pay on the
basis of thirty-five ($35.00) dollars per quarter (water only) whether
services by individual service or by manifold service by one (1) connection.
c.
Hydrant Use; Permit Required. One hundred ($100.00) dollars
plus the prevalent overage rate per thousand (1,000) gallons shall
be charged.
1.
Contractor
Use; Metered. When a contractor has made arrangements for the continuing
use of a hydrant a one thousand five hundred ($1,500.00) dollar deposit
shall be required. Said refundable deposit shall cover any damage
to the hydrant and hydrant meter.
2.
Contractor
Use; Nonmetered. When water is obtained pursuant to this chapter without
being metered the gallonage used shall be based upon the highest capacity
of the tank/vehicle used at the prevailing overage rate per one thousand
(1,000) gallons. A refundable one thousand two hundred ($1,200.00)
dollar deposit shall be required to cover any damage to the hydrant.
d.
Fire Protection Service Charges. The rates provided in this
paragraph d. shall be available only for water service connections
used exclusively for the extinguishment of fires and the testing of
private fire-service connections. A Fire Protection Service Line shall
be an individual, dedicated line, detached from the water service
line, and subject to a separate connection fee. Fire service connections
shall not be utilized for other purposes. It is hereby established
effective January 1, 2016 the following annual rates, per quarter,
shall be as follows:
|
For each 2 inch service or smaller
|
$ 66.50
|
|
For each 3 inch service
|
$ 130.50
|
|
For each 4 inch service
|
$ 205.50
|
|
For each 6 inch service
|
$ 575.66
|
No additional charge shall be made for sprinkler heads,
fire hydrants, or other firefighting facilities, which may be attached
to a private fire service connection, and no charge shall be made
for water used in extinguishing fire or for conducting underwriters'
tests.
[1973 Code § 9-1.5; Ord. No. 4/18/74; Ord. No. 2012-07]
a.
All water rates established in subsections 16-2.7 and 16-2.8 hereof are due and payable on January 1, April 1, July 1, and October 1 of each year.
Payments made by mail will be credited on the date it was received
by the Utility.
If a bill remains unpaid for a period of twenty (20) days after
presentation or delivery, it shall be classified as delinquent. If
a bill remains unpaid ten (10) days after being classified as delinquent,
service may be discontinued to the customer or the property without
further notice and a lien may be filed against the lands served thereby
for all delinquent water and sewer charges, along with interest thereon,
said interest to accrue at the rate of eight percent per annum for
the first $1,500.00 and eighteen percent per annum for any amount
in excess of $1,500.00 from the date of such delinquency until paid
in full. If service is discontinued, it will not be restored until
all unpaid bills and all charges, including turn-off and turn-on charges
are paid, or satisfactory payment arrangements are made. Any request
for a payment arrangement that extends beyond 90 (ninety) days or
does not provide that the customer be current in the relevant account
must be brought before the Governing Body for approval. Payment arrangements
that meet the criterion set forth herein may be approved by the Tax/Utility
Collector.
In the case of disputed accounts involving the accuracy of a
meter or meter reading or those involving payment for some other service
as provided for in the current Schedule of Rates, withholding payment
shall not be an acceptable remedy. The Utility shall diligently respond
to such disputes in a manner that brings about a resolution.
Upon written request from the customer, and in accordance with
the current Schedule of Rates, a meter may be independently tested
for accuracy. If, when tested the meter is found to be in error of
two (2%) percent or more, the bill will be increased or decreased
accordingly. The customer shall be responsible for the cost of testing
a meter found to be within two (2%) percent accurate, in accordance
with the Schedule of Rates.
In the event that a request for discontinuance of water service
is made in writing, or if water service is discontinued because of
a delinquent account, a charge of five ($5.00) dollars shall be made
by the Borough for a "turn-off" charge and a charge of five ($5.00)
dollars shall be made for any subsequent "turn-on" of the water services.
b.
Meter
readings shall be made by the Borough promptly beginning January 1,
April 1, July 1 and October 1 of each year, excluding national holidays
or weekends.
c.
All charges
accruing under and pursuant to this section shall be the joint and
several obligations of the record owner of the lands served thereby,
regardless of who or what entity is billed for such service.
[Ord. No. 05-07; Ord. No. 09-08]
The purpose of this section is to prohibit:
a.
The spilling,
dumping or disposal of materials other than stormwater to the municipal
separate storm sewer system(s) MS4 operated by the Borough of Lakehurst
or other public entity within the Borough of Lakehurst.
b.
Illicit
connections to the municipal separate storm sewer system(s) MS-4,
operated by the Borough of Lakehurst, or other public entity, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
c.
The placing
of uncovered dumpsters and other refuse containers that are outdoors
or exposed to stormwater and the spilling, dumping, leaking, or otherwise
causing the discharge of liquids, semi-liquids or solids from the
containers to the Lakehurst MS-4 and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 05-07; Ord. No. 09-08]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number.
The word "shall" is always mandatory and not merely directory.
The definitions below are the same as or based on corresponding
definitions in the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules at N.J.A.C. 7:14A-1.2.
shall mean waste and wastewater from humans or household
operations.
shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Lakehurst, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Lakehurst or other public body, and
is designed and used for collecting and conveying stormwater. MS4s
do not include combined sewer systems, which are sewer systems that
are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
shall mean any waste container that a person controls whether
owned, leased or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and its estuaries, all springs, streams,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 05-07; Ord. No. 09-08]
a.
The spilling,
dumping, or disposal of materials other than stormwater to the municipal
separate storm sewer system operated by the Borough of Lakehurst or
other public entity is prohibited. The spilling, dumping, or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
b.
No person
shall discharge or cause to be discharged through an illicit connection
to the municipal separate storm sewer system operated by the Borough
of Lakehurst any domestic sewage, non-contact cooling water, process
wastewater, or other industrial waste (other than stormwater).
c.
Any person
who controls, whether owned, leased or operated, a refuse container
or dumpster must ensure that such container or dumpster is covered
at all times and shall prevent refuse from spilling or overflowing.
d.
Any person
who owns, leases or otherwise uses a refuse container or dumpster
must ensure that such container or dumpster does not leak or otherwise
discharge fluids, semi-fluids or solids to the MS-4 of the Borough
of Lakehurst or waters of the State.
[Ord. No. 05-07; Ord. No. 09-08]
Exceptions to the prohibitions in subsection 16-3.3, paragraphs a., c. and d. above:
a.
Water
line flushing and discharges from potable water sources uncontaminated
ground water (e.g., infiltration, crawl space or basement sump pumps,
foundation or footing drains, rising ground waters).
b.
Air conditioning
condensate (excluding contact and non-contact cooling water).
c.
Irrigation
water (including landscape and lawn watering runoff).
d.
Flows
from springs, riparian habitats and wetlands, water reservoir discharges
and diverted stream flows.
e.
Residential
car washing water and residential swimming pool discharges.
f.
Sidewalk,
driveway and street wash water.
g.
Flows
from firefighting activities.
h.
Flows
from rinsing of the following equipment with clean water:
1.
Beach
maintenance equipment immediately following their use for their intended
purposes.
2.
Equipment
used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
(a)
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
i.
Permitted
temporary demolition containers.
j.
Litter
receptacles (other than dumpsters or other bulk containers).
k.
Municipal
recycling containers.
l.
Individual
homeowner trash and recycling containers.
m.
Refuse
containers at facilities authorized to discharge stormwater associated
with industrial activity under a valid NJPDES permit.
n.
Large
bulky items (e.g., furniture, bound carpet and padding, white goods
placed curbside for pickup).
[Ord. No. 05-07; Ord. No. 09-08]
This section shall be enforced by the Police Department and
other municipal officials of the Borough of Lakehurst.
[Ord. No. 05-07; Ord. No. 09-08]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not less than five hundred
($500.00) dollars and not to exceed two thousand ($2,000.00) dollars.
[1973 Code § 9-1.17; Ord. No. 4/18/74]
[1973 Code § 9-1.17; Ord. No. 4/18/74]
[1973 Code § 9-2.1]
The Borough has ascertained and does hereby determine that it
is situate within the district (as defined in the agreement) of the
Ocean County Sewerage Authority, and that it will be economical and
in other respects advantageous to it to have waste water, sewage and
other waste treated and disposed of by the Ocean County Sewerage Authority
on and pursuant to the terms of this agreement and supplement thereto
heretofore submitted to the Borough, copies of which are on file in
the office of the Borough Clerk and available for public inspection
(the "agreement") which agreement and supplement thereto by this reference
is made a part hereof as if the same were set forth verbatim herein.
[1973 Code § 9-2.2]
The Borough shall enter into this agreement and supplement thereto
with the Ocean County Sewerage Authority providing for and relating
to the treatment and disposal in the terms and conditions set forth
therein, and the Mayor shall be authorized and directed on behalf
of the Borough to execute the agreement and supplement thereto under
the corporate seal of the Borough, which shall be affixed and attested
to by the Borough Clerk and to deliver the same.
[1973 Code § 9-2.3]
The agreement and supplement thereto shall be in substantially
the form presented to the meeting of the Governing Body and on file
in the office of the Borough Clerk, and the terms and conditions thereof
are hereby approved and specifically agreed to.
[Ord. No. 89-23 § 1]
Whenever the Governing Body shall be satisfied and finds that a water emergency exists in the Borough, it may adopt a resolution declaring that a water emergency exists in the Borough. Such resolution shall be adopted by the Governing Body at any regular, special, adjourned or emergency public meeting of the Governing Body. Such resolution shall identify that portion of the Borough affected by the water emergency, which may include the entire Borough and shall specify which of the water use regulations contained in subsection 16-7.2 of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon adoption according to law and shall continue in effect for ninety (90) days, unless extended or repealed as set forth in subsection 16-7.3 of this section. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
a.
The public
utility providing water service to all or a portion of the Borough
has adopted water use restrictions, has notified the Borough of Lakehurst,
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
b.
The Governing
Body is otherwise satisfied that a water emergency exists in the Borough.
[Ord. No. 89-23 § 2]
Upon adoption by the Governing Body of a resolution declaring that a water emergency exists in the Borough in accordance with subsection 16-7.1 of this section, 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:
a.
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
b.
Outside
water usage on alternate days allowing outside water usage by persons
or businesses having even house or box numbers on even days and those
having odd house or box numbers on odd days with outside water usage
being completely banned and prohibited on the thirty-first day of
any month during the water emergency; or
c.
Any other water use restriction specified by the Governing Body in the resolution required by subsection 16-7.1 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the Borough, which may include the entire Borough, identified as being affected by the water emergency in the resolution of the Governing Body adopted in accordance with subsection 16-7.1.
[Ord. No. 89-23 § 3]
The resolution of the Governing Body required by subsection 16-7.1 of this section shall, in addition to complying with subsection 16-7.1, 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. If the Governing Body 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 Governing Body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[Ord. No. 89-23 § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the Borough of Lakehurst Police Department. Whenever a Borough Police Officer shall find a violation of the water use restrictions, such Police Officer shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 16-7.5 of this section. The Police Department shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. No. 89-23 § 5]
After an offense resulting in a written warning, as provided in subsection 16-7.4 of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten (10) days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for thirty (30) days or both.
