Chapter 354 Water Service

All uses of water shall be metered and rates for such use shall be set by the Common Council. With the exception of industrial users, bills shall be payable semiannually, on March 15 and September 15 of each year. The water rates shall be specified in Chapter 146, Fee Schedule.

Industrial users shall be billed monthly based on actual use.

Service charges, connection fees or other charges levied in accordance with N.J.S.A. 40A:31-10 and 40A:31-11, shall be a first lien or charge against the property benefitted therefrom. If any part of the amount due and payable shall remain unpaid for 30 days following the billing date interest upon the amount unpaid shall accrue at a rate of interest permitted by statute. The Common Council may authorize payment of delinquent assessments on an installment basis in accordance with N.J.S.A. 54:5-19. Liens resulting from the operation of the water utility shall be enforceable in the manner provided for real property tax liens in N.J.S.A. 54:5-1 et seq.

The Water Utility Division may discontinue service to any property for the failure to pay any amount owing within 30 days after the date the amount is due and payable, if written notice of the proposed discontinuance of service and of the reasons therefor have been given, within at least 10 days prior to the date of discontinuance, to the owner of record of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied if the mailing is made to the last known address of the owner of record and is postmarked at least 10 days prior to the date of discontinuance.

Office hours. The payment of water bills shall be at the tax office at the City Hall, and the office shall be open for information, application and payment of water bills from 9:00 a.m. to 5:00 p.m., Monday through Friday, legal holidays excepted.

§ 354-4 Street openings.

All road or street openings for the purpose of making water connections or repairs shall be in compliance with the provisions set forth in Chapter 306, Streets and Sidewalks, Article III, Excavations.

§ 354-5 Installations.

Installation of fixtures and piping. Installation of fixtures or piping shall be made in accordance with the provisions of the Uniform Construction Code[1] as directed by the Construction Code Official or appropriate subcode official. Permit fees shall be established pursuant to the Uniform Construction Code as set forth in the applicable section of the New Jersey Administrative Code.

[1]

Editor's Note: See Ch. 125, Construction Codes, Uniform.

Regulations. Service shall be installed and maintained by the property owner in accordance with the standard detail on file in the Construction Code Official's office. A copy of the standard detail shall also be maintained in the office of the Municipal Clerk. Service pipe from main to building shall be Type K copper tubing, with Mueller stop and stop box inside curb, installed and maintained at the expense of the property owner.

§ 354-6 Rules and regulations.

[Amended 6-12-2018 by Ord. No. 07-2018; 4-19-2022 by Ord. No. 10-2022; 11-9-2023 by Ord. No. 10-2023; 2-20-2024 by Ord. No. 04-2024; 9-3-2024 by Ord. No. 25-2024]

Installation and access to all meters. No meter shall be installed which has not been furnished or approved by the Water Utility Division. All meters shall be under the exclusive control of the Water Utility Division. The City shall from time to time require access to properties in order to read, test, maintain, or otherwise access the water metering equipment and/or connections leading thereto or therefrom, regardless of whether the metering equipment is owned by the City, the property owner, or another entity. The City shall be permitted access for these purposes, and shall notify property owners in accordance with this section:

Initial notice. The City shall notify property owners via certified mail of the need for access to water metering equipment. Such notice shall specify:

(a)

The equipment to which access is required;

(b)

The date by which the property owner must respond;

(c)

The contact information of personnel with whom the property owner may schedule the required access; and

(d)

That failure to reply will result in the imposition of fines and penalties, and may result in the water services being shut off without further notice.

(e)

Property owners shall be given no less than 10 days from the date of receipt to respond.

Follow-up notice. The City may, at its discretion, attempt additional contact with the property owner via phone, subsequent mailings, and/or in-person visits to the property.

Final notice. Should the property owner fail to respond by the required date, the City shall mail a final notice, via certified mail, that access to the property shall be required on or about a specific date, no less than seven days from the date of the final notice.

Residential meters shall not go more than 20 years without replacement.

(5)

Fines and penalties. Should the property owner fail to provide access by the date outlined within the City's final notice, or fail to otherwise comply with this section, the property owner shall be subject to fines and penalties as per § 354-9 of the City Code. In addition, to the fines and penalties permitted herein, the City Water Authority reserves the right to turn off the supply of water to any property owner for refusal to provide access for a water meter inspection, maintenance, repair or replacement as provided for in this section without further notice. Where a property owner has denied access for inspection, maintenance, repair or replacement of a water meter, there shall be a surcharge of $100 for each billing cycle until access shall have been permitted. In the event the supply of water to the premises is shut-off pursuant to a property owner’s noncompliance, there shall be no refund of any payment that shall have been made to the City.

Suspected tampering of meters; irregular readings.

Any person who interferes with, changes the locations of or removes any water meter or valve or fittings connected therewith, without the permission of the Water Utility Division, shall be subject to fines and penalties as per § 354-9 of the City Code.

If a meter at any time fails to accurately record the amount of water used, the quantity shall be determined and the charge made, based on the average amount registered during such preceding period of time prior to the date of failure, as the Water Utility Division may elect.

The City shall be entitled to access any water meters based upon suspected tampering with meter equipment, irregular readings, or for other reasonable cause.

Notice of the City's need for access under this section shall not be required to state the basis of the suspected tampering, irregular reading, or other reason for requiring access.

(5)

Notice under this section shall be required to be sent within 30 days of the suspected tampering, meter alarm, irregular reading, or other cause resulting in the need for access.

(6)

If access is required under this section and the property owner and/or occupant fails to provide and/or denies access, the property owner shall be subject to fines and penalties as per § 354-9 of the City Code.

For connections two inches and over, and for all other nonresidential connections (including commercial, religious, non-profit, and school district owned property):

Meter testing shall be required every two to five years, at the discretion of the City Water Authority. The City shall have the right to witness tests if being performed by the property owner, and must be notified at least 30 days prior to scheduling any independent tests. All meter testing shall be performed by a New Jersey Certified Meter Tester. Notice, access, testing, and penalties shall be governed by § 354-6A and § 354-9 of the City Code.

No property governed by this section shall utilize metering equipment older than 10 years. For the first replacement of meters after the enactment of this section, the City shall bear all costs associated with replacement meter purchase and installation. All subsequent replacements shall be the sole responsibility of the property owner.

For properties governed by this section, upon receipt of notice of an irregular reading, the property owner shall be required to: (i) Respond within seven days of receipt of the notice to schedule an inspection by the City; and (ii) Complete all necessary repairs within 30 days of the City inspection, unless this time frame is waived in writing by the City Water Authority. Failure to permit inspection and remedy the condition within the required time frame shall result in fines and penalties as outlined within § 354-9 of the City Code, and shall result in the City being held harmless for any claims, damages, or other costs resulting from the condition giving rise to the need for an inspection.

For all new construction:

Regardless of whether site plan or other Land Use Board approval is required, plans for new construction shall be submitted to the City Water Authority for review of the proposed water service size, meter size, and meter location. The City Water Authority's approval shall be required prior to the issuance of permits.

For all new construction, costs for purchase and installation of meters, as well as compliance with the City's Water Ordinance, shall be borne by the property owner.

Adjustment of charges may be made at the discretion of the Tax Collector on the personal application only of the owner of the property charged.

In addition to the fines and penalties permitted herein, the City Water Authority reserves the right to turn off the supply of water to any property for refusal or neglect to immediately repair any leaky pipe, fixture, or attachment from the main in, without provision of further notice.

Fire services.

All new fire services shall be metered at the time of installation. The property owner shall be responsible for the purchase, installation, testing, and maintenance of all metering equipment, subject to City Water Authority approval.

All fire services shall be equipped with a meter. Failure to install a water meter on a fire service shall be a violation of the Fire Prevention Ordinance, Chapter 162 of the City of Burlington Code.

For existing construction without a meter, meters shall be installed by June 30, 2025. At the City's discretion a three-month extension may be granted for installation of the fire service meter if a property owner demonstrates that the deadline will create a hardship, provided the property owner has allowed adequate time for meter installation. For all fire service meters installed on existing construction by December 31, 2024, the City will supply the meter. The property owner shall be responsible for installation, testing, maintenance, replacement, and all other costs and/or obligations. If the property owner fails to install the meter by December 31, 2024, the property owner shall also be responsible for the cost of the meter.

A waiver of the meter requirements may be granted if a property owner's fire system engineer demonstrates that it is impractical to install a meter on the fire system. The fire system engineer must submit a report thoroughly documenting the reasoning, for the City's consideration. If a waiver is granted, the property owner shall have the fire system inspected annually by a fire system engineer and provide certification that the fire system is a closed system with no connections other than those used for fire prevention. This certification shall be provided to the City during the City's annual inspection of the fire service.

Plumbing.

The property owner is required to maintain the water service pipeline and curb stop in good condition so that the water supply may be shut off from the service pipe at any time. In the event that it becomes necessary for the City to turn off water service to a property for any reason and the City is unable to do so because the service is not equipped with a functional curb stop, the City shall notify the property owner that a curb stop must be installed or replaced within 48 hours at the owner's expense. If the property owner does not replace or install the curb stop within the specified time frame or if a leaking service is causing damage to the property of others and the City is unable to locate and notify the owner, the City may install a curb stop and bill the expense to the property owner.

The property owner is required to maintain the plumbing surrounding the water meter, including the piping, isolation valves, and couplings on both sides of the meter, in good condition, to allow for isolation and removal of the meter for maintenance and replacement. The water meter shall be accessible for Water Department personnel to view, maintain, or replace when necessary, and shall not be located behind a wall or other permanently installed equipment that inhibits the ability of the Water Department to perform the work on the meter. In the event that Water Department personnel need to repair or replace the water meter and are unable to access, isolate, or remove the meter due to the location of the meter, the condition of the plumbing, or the absence of isolation valves, the City shall notify the property owner that the condition must be corrected within seven days at the owner's expense. If the property owner does not correct the condition within the specified time frame, the City may impose a surcharge of $100, compounded for each billing cycle that the condition is not corrected. In addition to the fines and penalties permitted herein, the City reserves the right to turn off the supply of water to any property owner for continued noncompliance (longer than six months).

§ 354-7 Connection fee.

The connection fee shall be recomputed at the end of each budget year, after a public hearing is held, pursuant to the standards set forth in N.J.S.A. 40A:31-11. The revised connection fee shall be imposed upon users who subsequently connect to the system.

§ 354-8 Replacement of water services.

Purpose. In the event any City street is resurfaced or repaved, all noncopper water services shall be replaced with Type K copper tubing before such street is resurfaced or repaved.

Material requirements. The following material requirements shall be complied with for the replacement of the old water services:

All copper water pipes shall be Type K copper tubing having a one-inch or larger diameter;

All fittings shall be wrought copper;

§ 354-11 Exclusion from requirement; proof required.

Curb stops shall be Mueller Company No. H-15200 and stop boxes shall be Mueller Company No. H-10314, complete with rod.

Taps. All taps to the mains not exceeding one inch in diameter shall be made by the City Water Utility Division.

§ 354-9 Violations and penalties.

Any person violating any provisions of this chapter shall, upon conviction, be subject to penalties as provided in Chapter 1, Article III, General Penalty, of this Code. Each day that the violation continues shall be deemed a separate offense.

Article II Lead Water Service Lines

[Added 12-6-2022 by Ord. No. 24-2022]

§ 354-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CITY

The City of Burlington.

CONTRACTOR

A licensed vendor that contracts with the City of Burlington to replace lead water service lines.

DEPARTMENT

The Department of Public Works of the City of Burlington, New Jersey.

DWELLING

A building or structure or part thereof containing one or more dwelling units. This definition shall also apply to buildings and structures that are not used for residential purposes.

DWELLING UNIT

Any room or groups of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking, eating or bathing.

LEAD SAFE

Any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.

LEAD WATER SERVICE LINE

A water supply connection that is made of, or lined with, a material consisting of lead, and which connects a water main to a building inlet. A lead pigtail, lead gooseneck, or other lead fitting shall be considered to be a lead water service line, regardless of the composition of the service line or other portions of piping to which such piece is attached. A galvanized service line shall be considered to be a lead water service line. A lead water service line may be owned by the public community water system, a property owner, or both.

OCCUPANT

A person or persons in actual possession of and living in the building or dwelling unit.

OWNER

Any person who has legal title to any dwelling, with or without accompanying actual possession thereof; or, who has equitable title and is either in actual possession or collects rents therefrom; or, who is executor, executrix, trustee, guardian, or receiver of the estate of the owner, or as mortgagee or as vendee in possession either by virtue of a Court order or by agreement or voluntary surrender of the premises by the person holding the legal title, or as collector of rents has charge, care or control of any dwelling or rooming house.

A property owner may be excluded from the mandatory replacement of their lead water service line by providing the City, within 180 days of the effective date of this article, with written proof from a licensed and certified plumber that it does not have a lead water service line on its property and/or that the entire lead water service line was previously removed and replaced.

§ 354-12 Mandatory replacement of lead water service line.

The owner of any dwelling, building or structure serviced by a lead water service line is required to replace the lead water service line on their property pursuant to § 354-12B below. The replacement of the lead water service line must be completed within 365 days of the effective date of this article. An extension of time may be granted where the owner can demonstrate, to the Department of Public Works designee, that a good faith effort has been made to comply with this article.

The owner of the any dwelling, building or structure shall replace their lead water service line by any of the following methods:

Signing up for the lead water service line replacement program offered by the City of Burlington, if eligible, and allowing contractors to access on their property to conduct the replacement. The contractor will provide the owner with a right of entry form for completion. The right of entry form will provide the contractor with access to the property to verify the existence of a lead water service line; or

§ 354-13 Authorization to access property.

Replacing the lead water service line on their own and at their own expense. If an owner selects this option, then replacement must be completed within 365 days of effective date of this article. An extension of time may be granted where the owner can demonstrate, to the Department of Public Works designee, that a good faith effort has been made to comply with this article. An owner is required to provide the Department of Public Works with proof that the lead water service line has been replaced. Proof must include at a minimum: a permit issued by the Department of Public Works to a licensed plumber authorized to do the work; an invoice from the contractor who completed the work; a copy of the estimate along with any report of the work completed; and an inspection report verifying the removal.

Notwithstanding § 354-12, if an owner of the dwelling, building or structure does not sign up for the lead water service line replacement program or does not replace its lead water service line within 365 days of the effective date of this article (or within the time frame provided in an extension) or is inaccessible or otherwise denies access to the property to enable the replacement of the line, then the following procedure shall be followed:

The City shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and the City shall incur no liability from the owner. The contractor will provide the owner with a right of entry form for completion. The right of entry form will provide the contractor with access to the property to verify the existence of a lead water service line. The City shall restore the property to its original condition, or as close as possible to its original condition; and

If access is granted by the occupant of the dwelling, building, or structure, then the occupant shall be held harmless and no liability shall incur to the City or occupant due to the replacement of the lead water service line by the City; and

Where a property owner has denied access for replacement of a lead water service line, there shall be a surcharge of $100 for each billing cycle until access shall have been permitted; and