A. 
Connection without permit prohibited. No person shall make any water connection to any portion of the water supply system or any extension of any water distribution system in the Borough of Lavallette, except upon proper permit issued by the Construction Code Official after application has been made, necessary permit and tapping fees and service charge are paid, as set forth in this chapter, and approval secured in writing from the Borough Superintendent.
B. 
Tapping fire hydrants without permit prohibited. No person, except a duly authorized person or persons designated by the Mayor and Borough Council by proper resolution, shall take water from any public fire hydrant except for 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 a permit from the Department of Public Works.
[Amended 7-21-2008 by Ord. No. 2008-13 (1041)]
A. 
Contents. All applications for water service and/or connection shall be made to the Superintendent of Public Works and shall contain an assent to the rules and regulations herein prescribed from the owner or the duly authorized agent of the owner of the property on which the water service is desired. The application shall give the following information:
(1) 
The date of the application.
(2) 
The name of the applicant.
(3) 
The kind and extent of service applied for.
(4) 
A description and the location of the property to be supplied.
(5) 
The lot and block number as designated on the Borough Tax Map.
B. 
Service term. All applications for water service shall continue in force from year to year unless 30 days' notice in writing is given to the Department of Public Works, requesting termination of the service.
C. 
Additional fee for connection where extraordinary or unanticipated conditions are encountered. The Borough of Lavallette may charge the owner or the duly authorized agent of the owner of the property on which the water service is desired an additional reasonable charge for time or materials which is incurred due to extraordinary or unanticipated conditions encountered during connection. Such extraordinary or unanticipated conditions may include, but are not limited to, a need to disconnect additional properties or move or extend lines, site conditions, hidden or underground obstructions, unique physical layout or topography of the property or distance to existing service, or damaged or faulty work at the point of connection of the new service. Such fees shall be calculated and charged in advance of the connection if possible. The reasonableness of such fees shall be determined by reference to standard fee schedules or material rates as shall exist in and about Ocean County. The decision of the Construction Official shall be the final agency action in the event of any dispute over connection fees.
The provisions of this chapter shall also apply to application for the extension of the water distribution system; provided, however, that such application shall be made only where sufficient demand for service is warranted. The Mayor and Council shall determine the terms and conditions upon which such applications or petitions may be granted. Extension of new main lines, in general, will be made as local improvements, the benefits of which are assessable to owners of abutting property in accordance with applicable state statutes.
All water service taps are to be made by the Department of Public Works, or its authorized agents, in every case with charges as per schedule according to size of tap desired. The Borough of Lavallette shall be the owner of the service from the Borough main to the curbline, as well as curb stops, valves, curb boxes and roadway boxes which are to be used by the Department of Public Works for turning on or shutting off the water supply. The Borough shall install the line from the main supply to the curbline and/or curb stop. The owner shall install the line from the curb stop to the structure.
A. 
Equipment; rates. All users shall be equipped with water meters and shall pay water rates based upon meter readings in accordance with fees and charges set forth in Article I of this chapter.
B. 
Separate meters.
(1) 
Each structure or building having a separate water service shall be separately metered. A property owner may request that additional water service lines be supplied to the premises.
(2) 
All charges for water service shall be made in accordance with the provision of Article I of this chapter. In the event that the owner of the premises fails to install a water meter or remote reading device within the time period established in § 63-10D(2), water usage shall be billed at the rate of $2 per day.
(3) 
No water meters will be supplied for subtractive water metering purposes.
C. 
Meter location.
(1) 
All water meters shall be located within the structure receiving the water supply; be protected from the elements; be located as close as possible to the stop and waste valve where the service enters the building; and be located in a suitable and readily accessible area to permit meter reading and service to the meter. The location of the water meters shall be approved by the Superintendent of Public Works, or his/her designated agents, prior to their installation. The Superintendent of Public Works shall have the discretion to allow the meter to be located in other locations requested by the owner or occupant receiving water service; provided, however, that said owner or occupant shall be responsible for repair or replacement costs of the meter because of the deviation from the location prescribed herein.
(2) 
Remote reading device location. The user shall provide a suitable and readily accessible place on the exterior or interior of the building structure for the installation of a remote reading device. The location of the remote reading device shall be approved by the Superintendent of Public Works, or his/her designated agents, prior to its installation.
D. 
Meters owned by the Borough.
(1) 
All meters used on any Borough water service measuring the quantity of water consumed shall be made available by the Department of Public Works and shall remain the property of the Borough of Lavallette. The owner shall pay for all meter repairs or replacement costs due to the negligence of the owner or occupant of the property receiving water service. The Superintendent of Public Works shall be charged with the responsibility of determining whether damage to the water meter was caused by the negligence of the owner or occupant of the property receiving the water service.
(2) 
Installation by Borough. The owner of any premises connected to the municipal water supply system shall be metered and shall pay for installation, at his/her own expense, of a water meter to be supplied by the Department of Public Works. The Superintendent of Public Works or his/her authorized employees or agents must perform all work in connection with the installation of the water meter and accessories.
E. 
Owner responsible for meter. The owner of any premises where a meter is installed shall be held responsible for its care and protection from freezing, hot water or from any other damage thereto. The owner or user shall notify the Superintendent of Public Works of any damage to or of the nonworking of the meter as soon as the same comes to his/her knowledge. No bypass around the meter shall be permitted.
F. 
Repairs to meters. The repairs to water meters shall be made by the Department of Public Works at its own expense; provided, however, that if proper protection has not been provided, all expenses incurred by the Department of Public Works for repairing or replacing the meter shall be charged to the user or owner of the premises where such meter is located, in accordance with the schedule of repair and replacement charges on file in the office of the Department of Public Works.
G. 
Measurement. Where water is furnished by meter measurement, the quantity recorded by the meter shall be conclusive on both the user and the Borough of Lavallette, except where the meter has been found to be registering incorrectly or has ceased to register. In such case or cases, the quantity may be determined by the average registration of another meter for a period of 30 days, or by the same meter for a period of 30 days after it has been repaired and tested, during a similar use period, or the quantity used during a previous corresponding period. The period of similar use or the previous corresponding period shall be determined by the Superintendent of Public Works.
H. 
Tests.
(1) 
The Department of Public Works shall, at the request of any owner or user, test the meter. A meter shall be considered to be functioning correctly if it records a flow within 2% of absolute correctness. If the meter is determined to be recording a flow in excess of the water actually delivered, the water charge shall be adjusted; provided, however, that the adjustment shall be for a maximum of one year's water charges. In no case shall there be an adjustment of less than the minimum of the annual service charge. If the meter is found to be recording correctly, the owner or user shall pay a test fee of $50.
(2) 
The Department of Public Works will conduct tests of meters as shall become necessary to ensure the proper functioning of the meter.
I. 
Complaints. Complaints with regard to the character of the service furnished, the reading of meters or bills rendered must be made to the Department of Public Works in writing. The Superintendent of Public Works shall make a record of such complaint, giving the name and address of the complainants, the date, the nature of the complaint and the remedy.
J. 
Interference with meters. No person, other than an employee of the Department of Public Works or its authorized agents, shall, without the prior authorization of the Superintendent of Public Works, remove, replace or in any manner interfere with a meter attached to a water pipe, used or intended to be used to supply water to any premises. This applies whether the meter is set within or without a building.
A. 
Stop and waste valves. Each user must have installed at his/her own expense a stop and waste valve on the service pipe inside the building. The valve is to be installed within one 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.
B. 
Work to be done by plumber. All water service connections from the curb box to and in the building and land surrounding the same, with the exception of meter installation, must be made by either the property owner or a plumber registered and licensed as provided by law and shall be inspected as hereinafter provided.
C. 
Service pipes. Where several premises or several houses, buildings, stores, apartment units, persons or users in the same premises are supplied by the same service pipe, each one shall be responsible for all others connected to the service pipe.
D. 
Water main valves. 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 of Lavallette.
E. 
Safety valves. All users having boilers upon their premises, depending upon the pressure in the water main and pipes of the Department of Public Works to keep them supplied, are hereby cautioned against danger of collapse, and all such damage must be borne exclusively by the user. Under no circumstances will the Department of Public Works be responsible for any accident to pipes, fixtures or property caused by turning water on or off for any cause whatsoever. To provide against accident to boilers or hot-water heaters, a safety valve shall be installed to relieve excessive steam pressure or a tank should be provided, so arranged as to keep the supply of water in such boiler or heater when the water supply is disconnected from the main.
F. 
Injury to property. 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 waterworks and plants of the Borough of Lavallette.
A. 
Waste prohibited. Excessive or unnecessary use or waste of water, whether caused by carelessness or defective or leaking plumbing fixtures, is strictly prohibited.
B. 
Water shortage regulations.
(1) 
In the event that the Mayor and Council shall determine that a shortage of water may occur because of prolonged drought or heat, or the level of the reservoir or any well serving the water system of the Borough of Lavallette is low, or because of breakdown of equipment of the water system or the necessity of repairs to same, or for any other emergency reason, the following uses of water, not essential to the health, welfare and safety of the residents of the Borough of Lavallette or any municipality using the water system of the Borough, may be restricted or prohibited by order of the Mayor and Council:
(a) 
The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
(b) 
The washing of automobiles, trucks, trailers, trailer houses, railroad cars, buses or other types of mobile equipment.
(c) 
The washing of sidewalks, driveways, filling station aprons, porches and other outdoor services.
(d) 
The washing of the outside of dwellings and the washing of the inside and outside of office buildings and business establishments of any type.
(e) 
The washing and cleaning of any business or industrial equipment and machinery.
(f) 
The operation of any ornamental fountain or other structure making a similar use of water.
(g) 
Swimming and wading pools and bath houses and bathing establishments of any nature whatsoever.
(h) 
The use of water by any business or industrial establishments whose business or work is not essential to the health, welfare and safety of the residents of the Borough of Lavallette.
(2) 
The words “business establishment,” as used in this subsection, shall include hotels, rooming houses, boardinghouses and similar-type establishments.
C. 
Powers of Department of Public Works. 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 Mayor and Council, 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 of Lavallette 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 service of any type whatsoever shall be held and construed to be made subject to the provisions of this subsection.
D. 
Requirements of fires. 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.
A. 
Discontinuance by consumer. Any consumer wishing to discontinue water service shall give written notice thereof at the office of the Department of Public Works. The charge for service will continue until such notice is given. Upon receipt of such notice, the Department shall turn off the service at the curb stop and record the date thereof. In every case where service is granted for less than the calendar year, the customer will be charged in accordance with the schedule, but in no case less than the minimum annual charge as provided in the schedule of rates, services and charges.[1]
[1]
Editor's Note: See § 63-3, Annual rates
B. 
Discontinuance of service by Department of Public Works. Service under an application may be discontinued by the Department of Public Works for any of the following reasons:
(1) 
For the use of water on any other property building or purpose than that described in the application.
(2) 
Under a flat or meter rate service, for addition to such property or building or fixtures or for increasing the use to be made of water supply without notice to the Department.
(3) 
For the willful waste of water through improper or imperfect pipes, fixtures or otherwise.
(4) 
For failure to maintain in good order connections, service lines or fixtures owned by the Department.
(5) 
For molesting any service pipe, meter, curb stop, box seal or any other appliance of the Department.
(6) 
In case of vacancy of premises.
(7) 
For neglecting to make or renew minimum payments or for nonpayment of water service or for any other charges accruing under the application, including water charges.
(8) 
For nonpayment of water fees or charges within 30 days of the due date of the payment.
(9) 
For refusal of reasonable access to the property for the purposes of inspecting or reading, caring for or removing meters or for refusal of entry at all reasonable hours to the premises of any uses of the water service for the purposes of examining the pipes, fixtures and also to check the number of fixtures connected.
(10) 
For fraudulent representation on the part of the customer or the owner of the premises.
(11) 
Persistent violation of the rules and regulations of the Department of Public Works or a violation of any provisions of this chapter.
C. 
Regulations concerning discontinuance of service.
(1) 
Regarding discontinuance of water services to any customer regardless of reason, water services to the customer can be discontinued by the Borough upon written notice to the property owner notifying of the proposed discontinuance and stating the reasons for the same. Said notice is required by and shall be given pursuant to N.J.S.A 40A:31-12.
(2) 
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 fees and charges, or for any other cause, without the written permission of the Department of Public Works.
(3) 
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 that date, or, where water recorded as turned off is at any time found on, it is expressly agreed by the user 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.
(4) 
In cases where the Department of Public Works shall shut off the water service, no user of the service shall have any claim for damages or compensation or for the abatement of any charge made or fee imposed. Further, when any premises are occupied by more than one tenant drawing water through the same service pipe, the owner of the property shall be responsible for water 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 service shall be paid in full.
(5) 
In addition to provisions herein, whenever water service has been disconnected by the Department of Public Works for any of the reasons stated in Subsection B, no restoration to water service shall be made unless there is paid, prior to restoration, to the Borough, in full, all fees and charges due to the Borough, and all expenses for shutting off and turning on the water, or a fee of $40, whichever is greater.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.