[HISTORY: Adopted by the Township Council of the Township of Maple Shade as indicated in article histories. Amendments noted where applicable.]
Sewers — See Ch. 156.
[Adopted 10-1-1975 as Ch. 130 of the 1975 Code]
As used in this article, the following terms shall have the meanings indicated:
- All buildings used for purposes other than residential, provided that such other purpose shall entail the use or consumption of water.
- All buildings used for residential purposes and separate
units used for residential purposes, which is hereby defined to mean
and include a single-family house, an apartment and any separate quarters,
whether of one or more rooms, used for residence purposes by a person
or persons, but specifically excluding hotels, motels, nursing homes,
boardinghouses and lodging houses.[Amended 12-18-2002 by Ord. No. 2002-21]
- A person of either sex, a firm, a corporation or any club or association.
- Every separate residence within a multiple dwelling.
The following rules and regulations for the distribution, supply and use of water from the municipal waterworks of the Township of Maple Shade, in the County of Burlington, State of New Jersey, are hereby fixed and established, and every person who takes water from said waterworks by his or her application for or the use of water furnished by the Township agrees to be bound thereby.
The initial fees for the right to connect directly or indirectly, to the Township's potable water system shall include a connection charge or fee per unit, as well as for application, review and inspection of work to be accomplished by the applicant in keeping with the Township's rules and regulations. These fees are as follows:
[Amended 12-18-2002 by Ord. No. 2002-21; 5-24-2012 by Ord. No. 2012-05; 11-12-2015 by Ord. No. 2015-20]
Other than residential. All classes of users other than residential shall pay a connection charge based upon their estimated daily water usage as determined by the Township Engineer. The charge per gallon per day of water usage will be $8. In no case shall the connection charge be less than the charge for a one-family residential unit. (In cases where dormitory sleeping quarters are provided, the total number of dwelling units shall be determined by the total authorized occupancy capacity of the facility divided by two.)
Water service irrigation.
Application, review and inspection fees.
Filing fee: $10.
Six-inch waterlines: $0.08 per foot.
Lines in excess of six inches: $0.12 per foot.
Supply, treatment, storage and/or pumping facilities: 2% of the Township Engineer's estimated cost of construction.
Inspection fees at the rate of 6% of the Engineer's estimated cost of improvements, including mains, valves, tees, hydrants, supply, treatment, storage and/or pumping facilities and miscellaneous water appurtenances.
Connection fees which are one-time initial service charges for the right to connect to the Township's potable water facilities are an integral part of the Township's rate schedule. The balance of charges in §§ 200-24 and 200-25 are annual supplemental charges necessary to maintain, improve and operate the Township's potable water system.
Upon receiving such permit to connect to the Township water supply system, the applicant shall forthwith present the same to the Water and Sewer Utility Superintendent and inform him or her at what time on the following day, or as soon thereafter as may be possible, the trench will be opened and the main uncovered, ready to be tapped by the Water and Sewer Utility Superintendent.
The applicant shall, at his or her own cost and expense and following all OSHA standards for excavations, make or cause to be made all necessary excavations in the street or highway without damage to the main, in the manner provided for in Article III, Street Excavations, of Chapter 175, Streets and Sidewalks. If the trench is not safe, the Utility Department has the right to complete the tap until all standards are met.
[Amended 9-20-2000 by Ord. No. 2000-11]
[Amended 9-20-2000 by Ord. No. 2000-11]
The minimum residential size for corporation stops are one inch inside diameter. No one but the duly authorized agent of the Utility Department shall be permitted to tap the mains. All corporation stops used shall be furnished by the Utility Department, and no others will be permitted to be used in the mains.
[Amended 5-23-2019 by Ord. No. 2019-08]
No service pipes hereafter installed shall be allowed to run across lots, that is, from one lot to another, but must be taken from the main in front of the premises or some point adjacent thereto.
[Amended 9-20-2000 by Ord. No. 2000-11; 5-23-2019 by Ord. No. 2019-08]
The service pipe and all attachments and appurtenances used in supplying water from the corporation stop at the main to the point of delivery must be supplied by the owner of the premises and must be of sufficient strength and be in proper condition so as to withstand at any time the pressure put upon the mains when all water outlets are closed and not in use. The entire service pipe from the corporation stop to the point of delivery, with the exception of the water meter, is the property of the property owner. The property owner is responsible for the maintenance and repair of the service pipe.
The service box above the curb stop is the property of the property owner. The property owner is responsible for ensuring that the curb stop is accessible through the service box at all times. Maple Shade Utilities may attempt to remove any dirt which may have entered the service box at the request of the property owner as a courtesy. If the service box cannot be cleared by the utility or if the service box has shifted, the property owner is responsible for correcting the condition within 10 days.
The curb stop is the property of the property owner. As a courtesy, Maple Shade Utilities may operate the curb stop at the request of the property owner or in an emergency to turn water service on or off, however, the utility cannot be held responsible for any damage to the curb stop, or failure of the curb stop, resulting from attempting to operate the curb stop.
No service pipe shall be covered until inspected by the Water and Sewer Utility Superintendent, or a designated representative, and water shall not be furnished unless and until the service pipe and connections from the main to and including the water meter shall have been approved by him or her.
Inverted T-handle brass stopcocks are to be used on all service pipes at curbline, or as near thereto as practical; an inverted key pattern shall be used on service pipes of 11/4 inches and larger, with a cast-iron lock-top box of at least four inches inside diameter; the top of the box shall be set at surface grade, and the box shall be of sufficient length to go the entire depth of service.
The property of the lot owner shall be under the exclusive control of the Township for the purpose of shutting off or turning on water, but the appliance must be so protected by the owner as to prevent the same from becoming obstructed. If by any means it becomes filled up so as to necessitate digging to gain access to the stopcock, the owner shall be chargeable with the expense thereof.
Service pipes from the main to the curb must be of copper or brass. All copper pipe used must weigh at least 64 pounds per 100 lineal feet.
No person shall turn water on to any premises, either in the initial installation of fixtures and pipes in any building or after water has been turned off by the Township pursuant to these rules and regulations or for any other cause, except by order of the Water and Sewer Utility Superintendent.
[Amended 11-8-2018 by Ord. No. 2018-16]
The officers or authorized agents of the Township shall at all reasonable hours have the right to enter the premises of any consumer to examine the pipes, backflow preventers, fixtures and meters and to determine the quantity of water used and the manner of its use. In case of fraudulent representations on the part of the consumer or improper use of water, the supply of water may, at the option of the Township, be cut off.
[Amended 10-1-1975 by Ord. No. 1975-21; 11-5-1975 by Ord. No. 1975-24; 9-28-2017 by Ord. No. 2017-16; 11-8-2018 by Ord. No. 2018-16]
A meter shall be installed on every service pipe which shall be put into service. Backflow preventers must be installed in accordance with applicable regulations.
For the purpose of such installation, an inspection of the premises shall be made by the Water and Sewer Utility Superintendent, or designated representative, to determine the size of the meter required, its proper location and the manner in which it shall be set up and protected; and upon installation, said meter shall be sealed by the Utility Department, and thereafter no person other than the authorized employee of the Utility Department shall break or injure said seals or shall change the location of said meter or in any way alter or interfere with same.
All meters shall remain the property of the Township and shall be at all times under its control.
All the necessary expense of installing, maintaining and caring for all meters shall be borne by the Township, provided that where replacements, repairs or adjustments of those meters are rendered necessary by the act, neglect or carelessness of the occupant or the owner of any premises, any expense to the Utility Department caused thereby shall be charged against and collected from the owner of the premises in the same manner as is provided for the collection of water rates. In the event the meter is damaged by freezing, the Township Utility Department will replace the damaged meter on one occurrence (free of charge). For active meters that have been replaced due to freeze damage, the Township will provide and install a new meter that will include an insulated jacket to reduce the likelihood of freezing a second time. Should the meter freeze and require replacement a second time, the property owner will be responsible for the cost of the water meter plus the fee for installation.
The owner of the premises shall be held responsible for the care and protection of any size meter and MXU radio box from freezing, from water and from injury or interference therewith by any person or persons. With respect to meters of a size of one inch or larger which are located in below-ground pits, the owner is required to keep the pit free of water, debris or other material which would render the meter nonreadable. In the event the owner fails to keep a pit free of water, debris or other material which would render the meter nonreadable, the Township shall cause the pit to be cleared, and any expense to the Utility Department caused thereby shall be charged against and collected from the owner of the premises in the same manner as is provided for the collection of water rates. In case of an injury to said meter or in a case of its stoppage or imperfect working, the owner shall give immediate notice to the Water and Sewer Utilities Superintendent, and the owner shall be charged 150% of the minimum charge for the water service in the event the meter is nonreadable.
Backflow preventers: The owners of backflow preventers must perform annual mandatory testing of the backflow preventer. Testing must be completed by a certified technician and results mailed by certified mail to the Maple Shade Utility Manager.
[Amended 10-20-1999 by Ord. No. 1999-10; 11-8-2018 by Ord. No. 2018-16]
The accuracy of the meter on any premises will be tested by the Utility Department upon written request from the owner. If a meter is found to register inaccurately, high or low, by more than 3%, a new or reconditioned meter may be substituted, and the Township may adjust the utility bill for the current quarter. Should the meter test within limits, the property owner shall pay a fee in accordance with § 200-3.
[Amended 8-2-2000 by Ord. No. 2000-10; 9-28-2017 by Ord. No. 2017-16]
[Amended 8-5-1992 by Ord. No. 1992-17; 11-8-2018 by Ord. No. 2018-16]
Water required to be metered. All water used on any premises must pass through the meter. No bypass or connection between the meter and main shall be made or maintained. The quantity of water recorded by the meter shall be taken to be the amount consumed, except where the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter when in order or by such fair and reasonable method as shall be based upon the best information available. Multifamily complexes, i.e., apartments and condominiums, are required to use one meter to calculate the amount of water consumed on the premises, which shall be read by the Township and shall form the basis for the quarterly billing to the complex. Apartment and condominium complexes may use separate individual water meters per unit on the premises to provide an allocation of water costs billed to the apartment or condominium complex by the Township, provided that no unit shall be charged an amount in excess of the allocable share and that the total amount billed to the units does not exceed the Township bill for the quarter in question. In no event shall the failure of any individual unit owner to pay an allocable share absolve the complex from paying the Township quarterly bill. The individual meters and the lines to service said individual meters shall be the responsibility of the complex. In no event shall a failure of the individual meters or the lines to operate absolve the complex from the payment of any Township quarterly bill.
No restriction upon the quantity of water used on any premises will be enforced except as follows:
No person shall take or use Township water from premises other than his or her own, nor sell or give away Township water from his or her own premises for any purpose, except upon written permission from the Township, and Township water shall not be used for any purpose other than as specified in the original application under which the supply is granted or as may be permitted by the governing body. Any person so offending may, at the option of the Township, have his or her water supply cut off.
The Township may, at its option, refuse to supply water to premises where preventable waste occurs and leaks remain unrepaired.
[Amended 7-16-1980 by Ord. No. 1980-5; 11-7-1984 by Ord. No. 1984-17; 7-6-1988 by Ord. No. 1988-21]
Meter readings shall be made quarterly or at such intervals as the governing body may prescribe. If no meter reading is obtained for two consecutive quarters, the consumer shall be notified by regular mail to remit a reading to avoid another estimated bill. Upon issuance of the fourth estimated bill, the owner will receive a notice to remit a reading by regular mail within 30 days of the date of said notice. If no reading is received by the Township upon the expiration of the 30 day period, services may be terminated.
[Amended 5-6-2009 by Ord. No. 2009-14]
Billing is done quarterly according to cycles, the billing and due dates and cycles being set forth as follows:
Manual meter reads. Any person who, upon notice from the Township, shall not provide access for installation of a remote-read meter shall thereafter be subject to a quarterly service charge in accordance with § 200-3 for manual meter reading.
[Added 9-28-2017 by Ord. No. 2017-16; amended 11-8-2018 by Ord. No. 2018-16]
Editor's Note: This ordinance also redesignated former Subsection C as Subsection D.
Penalty for unpaid bill. All of the water rates or charges provided herein shall be payable to the Tax Collector. If not paid within 30 days from the date of the bill, the amount due shall be deemed delinquent and shall bear interest thereon at a rate similar to the rate charged for delinquent taxes and shall constitute a lien on said property and shall be collectible as in the case of other municipal taxes, charges and liens.
[Amended 7-5-1989 by Ord. No. 1989-10; 5-6-2009 by Ord. No. 2009-14; 7-24-2014 by Ord. No. 2014-12; 9-28-2017 by Ord. No. 2017-16]
In the event that water has been shut off to any premises, the service shall not be resumed until written application for such purpose is made by the owner of said premises, which application shall contain such information in connection with said water service as shall be required by the Township.
[Amended 11-7-1984 by Ord. No. 1984-19; 11-8-2018 by Ord. No. 2018-16]
No person, except a firefighter for the purpose of use at a fire, fire drill or for training, shall be permitted to take water from the fire hydrants or to have the custody of any wrench or wrenches belonging to the Utility Department without the express authority of the Township; nor shall any person be permitted to draw water from said hydrants into carts, for use in sprinkling the streets or laying street paving, concrete curbing, sidewalks, etc., except by special written permission of the Township, in which case the charges agreed upon must be paid in advance, together with a cash deposit of $100, which may be retained by the Township and applied to the unpaid charges or to the cost of repairs necessitated by any damage that may be done to the fire hydrant or connections, for which damage such applicant will be liable. When the work is completed, said deposit shall be returned, less the cost of any repairs necessary to place the hydrant in its original condition and any unpaid water charges. Fire hydrants to be used for the above purposes shall be designated by the Township and used in accordance with its orders.
Private fire hydrants must be flushed as directed by the Township Utility Department within 10 days of receipt of written notice. Owners of private fire hydrants are required to participate in the Township hydrant flushing program in the interest of public health and safety.
Water rates once paid will not be refunded, unless paid under an improper billing or not due the Township at the time such payment was made, but permits may be transferred from one party to another upon application and written consent of the Township. When properties are unoccupied, no deductions shall be allowed unless notice is given the Utility Department and the water is turned off at the curb. No deduction shall be made for less than one month.
Should necessity arise, in case of breakdown, emergency or for any other proper cause, the Township shall have the right to temporarily cut off the water supply to make necessary repairs, connections, etc., but the Utility Department shall use all reasonable and practicable measures to notify the consumers of such discontinuance of service. All persons having boilers within their premises not supplied by a tank or cistern are hereby cautioned against collapse. In such case the Township will not be liable for any damage or inconvenience suffered.
It is expressly stipulated by and between the Township and the consumer that no claims shall be made against the Township on account of the bursting and breaking of any main or service pipe or any attachments to said waterworks or for any accidental failure in the supply of water.
[Last amended 11-12-2015 by Ord. No. 2015-20]
The yearly rate or rental for water service shall be as follows:
Minimum quarterly charge. There shall be a minimum quarterly charge for usage of 5,000 gallons or less per quarter for all residential and commercial users. The rates are set forth below. The minimum quarterly charge for multiunit residential units (three or more units) serviced through a single water meter shall be determined by the number of units times the minimum residential quarterly charge.
Excess water use. Excess water use over and above the quarterly allowance shall be at the following rates:
The minimum quarterly charges set forth above shall be applied as of the first quarter billing for 2016. The excess water consumption rates shall be applied to water meter readings used to generate bills for the third quarter billing, regardless of when the water may have been consumed.
[Amended 5-24-2012 by Ord. No. 2012-05; 11-12-2015 by Ord. No. 2015-20]
Fees for fire service are as follows:
The use of water for building purposes and other construction, directly in connection therewith, by the builder, contractor or agent shall be metered at a hydrant to be determined by the Township. The user shall pay an installation cost of $100, plus a deposit for the meter at the time of application to the Township. The charge for water usage will thereafter be made on the basis of § 200-24.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 6-15-2005 by Ord. No. 2005-7; 4-16-2008 by Ord. No. 2008-07; 9-28-2017 by Ord. No. 2017-16; 11-8-2018 by Ord. No. 2018-16]
The provisions set forth under this chapter shall be enforced by the Maple Shade Police Department, Code Enforcement Officer, Zoning Officer, Construction Code Official, Utility Manager, authorized agents of the Township, or other official so designated by the Township Manager. Any person, contractor or utility committing a violation of this section shall be subject to a fine of $500 for a first offense; $1,000 for a second offense; and $1,500 for a third offense; subsequent offenses will require court appearance. Any subsequent violation shall be subject to the penalty as provided in Chapter 1, Article II, herein, and, in addition thereto, the Township may, at its option, discontinue service of water to said consumer.
[Adopted 10-1-1975 as Ch. 131 of the 1975 Code]
The Township Council hereby makes the following legislative findings:
The inadequacy of the water supply existing in the Township causes inadequate pressure in the water mains and lines during protracted periods of high temperature and during times of excessive use of water due to outside uses such as sprinkling the lawn and filling swimming pools not related to domestic or sanitary purposes, fire protection or reasonably necessary commercial and industrial uses.
The Township is taking such steps as are necessary by way of improvements to its water system to ensure a potable supply of water with adequate pressure to supply sufficient water to the consumers of said water.
These improvements will not be completed and operational for some time.
Grave inequities have resulted through requests for voluntary compliance with water use restriction whereby some residents continue to use the water for outside purposes while other residents receive little or no water as a result of inadequate pressure caused by said use.
It shall become necessary, in the interest of the health, safety and welfare of the residents of the Township to promptly take all reasonable precautions and measures to conserve the existing water supply and to prevent waste and the use of water in accordance with certain rules and regulations.
The Township Manager, with the advice and consent of 2/3 of the Township Council, shall have the authority to formally proclaim that an emergency exists with respect to the potable water resources of the Township water system, requiring the taking of such measures for the conservation of water for domestic and sanitary uses and for fire protection as hereinafter specified. In issuing said proclamation of emergency, the Manager shall proclaim whether the emergency is of the type or character requiring the restricted use of water hereinafter set forth under § 200-30A, B and C. Prior to said declaration of emergency, the Township Manager shall consult with the Township Engineer to determine whether the supply of water has lessened to such degree as to cause inadequate water pressure and whether the conditions, in the interest of the health, safety and welfare of the Township residents, warrant the taking of prompt and reasonable precautions and measures to conserve the existing water supply and to prevent the waste and use of water.
The emergency shall become effective immediately upon the issuance of the proclamation, which shall be in writing and shall remain effective until such time as the Township Council disapproves of the issuance of the declaration of emergency and issuance of the proclamation, or the Township Manager, with the approval of 2/3 of the Township Council, declares such emergency to have terminated. The approval or disapproval to be given by the Township Council shall be no later than 12 hours after either the declaration of the existence or the termination of the emergency by the Township Manager, whichever the case may be.
The Type (a) proclamation, in addition to permitting the use of water for domestic and sanitary purposes and fire protection, shall permit outside uses of water, but only on the days and hours as specified by the Township Manager in his or her proclamation. Business and industries may use water for such uses as is reasonably necessary for the conduct of said business and industry.
The Type (b) proclamation shall permit the use of water from the water system only for domestic and sanitary uses and fire protection and shall prohibit all outside uses of the water from the system, save that needed for fire fighting. Business and industries may use the water for such uses as is reasonably necessary for the conduct of said business or industries, but only on the days and hours as specified by the Township Manager in his or her proclamation.
The Type (c) proclamation shall require the Manager to ration the use of water for domestic and sanitary uses and business and industrial uses as is advised by the Township Engineer. All other water uses, with the exception of fire fighting, shall thereupon be prohibited for the purpose of equitably distributing the then available water supply throughout the area served.
Immediately following the issuance of any of the emergency proclamations hereinbefore provided, notice thereof shall be published forthwith in a newspaper published or circulated in the Township. The Township Manager shall, in his or her discretion, utilize other means of notice.
All places and premises consuming water within the Township of Maple Shade shall be subject to the inspection of the Township Manager or his or her designated representative if the Township Manager has reason to believe that any section of this article has been violated. It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Township Manager or his or her representative from having full access into any place or premises upon which a violation of this article is believed to exist.
Any continuing violation by any property owner or his or her representative of any provision of any of the types of the proclamations issued by the Township Manager is hereby declared to be a nuisance.  A "continuing violation" is defined to mean a violation which continues 1/2 hour after the Township Manager or his or her representative notifies the property owner or his or her representative of the existence of the type of the emergency, and that the property owner is in violation of the regulations of that emergency and that the property owner has 1/2 hour to correct said violation. The Township Manager, upon the expiration of the one-half-hour period and the failure of the property owner or his or her representative to correct the violation, is hereby authorized to abate said nuisance in the manner provided by law. The remedies set forth in this section shall be in addition to those remedies set forth in the following section.