[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 13.16 of the 1996 Municipal Code). Amendments noted where applicable.]
A.
Management and control. Within the Department of Public Works there
shall be the Water Utility Division.
B.
Superintendent of the Water Utility Division. The Superintendent
of the Water Utility Division shall be in charge of the operation
of the Water Utility Division. The Superintendent of the Water Utility
Division shall be appointed by the Director of the Department of Public
Works subject to the provisions of Title 11A.[1] The Superintendent of the Water Utility Division must
satisfy all license and other requirements which may be imposed by
any federal or state regulatory agency having jurisdiction over the
operation of the City's water utility.
[1]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
Application for water service shall be made to the Tax Collector at his office in the Municipal Building. Each application shall be accompanied by payment of the connection fee, which shall be as set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
A.
Metered rates.
(1)
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.
(2)
Industrial users shall be billed monthly based on actual use.
(3)
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.
(4)
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.
B.
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.
A.
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.
B.
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.
[Amended 6-12-2018 by Ord. No. 07-2018]
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
[Amended 4-19-2022 by Ord. No. 10-2022]
B.
Suspected tampering of meters; irregular readings.
(1)
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.
(2)
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.
(3)
The City shall be entitled to access any water meters based upon
suspected tampering with meter equipment, irregular readings, or for
other reasonable cause.
(4)
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.
C.
For connections two inches and over, and for all other nonresidential
connections (including commercial, religious, non-profit, and school
district owned property):
(1)
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.
(2)
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.
(3)
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.
D.
For all new construction:
(1)
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.
(2)
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.
E.
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.
F.
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.
G.
Fire services.
(1)
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.
(2)
All fire services shall be equipped with a meter. For existing construction without a meter, meters shall be installed within six months of the effective date of this revised section or by the date of the next fire service inspection, whichever occurs first. For all fire service meters installed on existing construction within six months of the effective date of this revised section, 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 within six months of the effective date of this revised section, the property owner shall also be responsible for the cost of the meter. Failure to install a meter on a fire service shall be a violation of the Fire Prevention Ordinance, Chapter 162 of the City of Burlington Code.
[Amended 11-9-2023 by Ord. No. 10-2023; 2-20-2024 by Ord. No. 04-2024]
(3)
The City shall annually inspect all fire services metering equipment. Fees for the annual inspection are outlined within Chapter 146 of the City Code.
(4)
The City shall read all fire meters as part of the existing commercial
meter account reading schedule. Rates for usage shall be based on
existing water rates at the time of the reading.
H.
Plumbing.
[Added 11-9-2023 by Ord. No. 10-2023]
(1)
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.
(2)
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).
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.
A.
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.
B.
Material requirements. The following material requirements shall
be complied with for the replacement of the old water services:
C.
Taps. All taps to the mains not exceeding one inch in diameter shall
be made by the City Water Utility Division.
[Added 12-6-2022 by Ord. No. 24-2022]
As used in this article, the following terms shall have the
meanings indicated:
The City of Burlington.
A licensed vendor that contracts with the City of Burlington
to replace lead water service lines.
The Department of Public Works of the City of Burlington,
New Jersey.
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.
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.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
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.
A person or persons in actual possession of and living in
the building or dwelling unit.
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.
A.
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.
B.
The owner of the any dwelling, building or structure shall replace
their lead water service line by any of the following methods:
(1)
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
(2)
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.
A.
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:
(1)
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
(2)
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
(3)
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
(4)
If access is denied by the current occupant or owner, then the City
shall commence procedures, including filing a Court action, to obtain
any relief deemed necessary, including a request for suspension of
water services and/or an order for entry to conduct the replacement
of the lead water service line.
A.
Upon the sale or transfer of ownership of any dwelling, building
or structure, the owner must provide proof that the lead water service
line has been replaced or a copy of the completed right of entry form
indicating enrollment in the lead water service line replacement program
in order to secure a certificate of occupancy, certificate of code
compliance, and smoke and carbon monoxide detector certificates.
B.
Upon the sale of any City-owned property, within 90 days of the closing,
the buyer is responsible for replacing the lead water service line,
by either enrolling in the lead water service line replacement program
or in accordance with § 354-12A(2) above.
Violations of this article by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not to exceed 90 days.
