Township of Burlington, NJ Chapter 584 Water

[HISTORY: Adopted by the Township Council of the Township of Burlington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Administration of government — See Ch. 20.

Public Works Department rules and regulations — See Ch. 72.

Fire hydrants — See Ch. 262.

Flood damage prevention — See Ch. 282.

Housing standards — See Ch. 318.

Sewers — See Ch. 467.

Stormwater management — See Ch. 517.

Water collection areas — See Ch. 590.

Wells and cisterns — See Ch. 595.

Article I Water Utility; Water Use and Charges

[Adopted 3-26-1974; amended 8-27-1974; 12-22-1975; 3-10-1976; 12-22-1976; 2-13-1979; 1-26-1982; 12-26-1984; 2-28-1989; 2-27-1990; 4-13-1993; 10-28-1997; 11-5-1997; 4-28-1998; 5-9-2000 (Sec. 8:1 of the 1975 General Ordinances)]

§ 584-1 Water Utility created.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

There is hereby created within the Township of Burlington a utility to be known as "the Water Utility." The Public Works Department of the Township of Burlington shall have control and supervise the Water Utility.

§ 584-2 Public Works Department; Water Utility personnel.

A. Scope. The Burlington Township Public Works Department shall have control over the water supply treatment and distribution facilities within the Township of Burlington. The Public Works Department shall be the chief enforcement agency responsible for the enforcement of the rules and regulations of the water plant and distribution facilities set forth in § 584-3 of this article. In addition, the personnel within the Public Works Department shall continually review the needs of the Township, requirements of federal, state and county laws and advise the Township Council as to changes within the Department, its rules and regulations, and the water supply treatment and distribution facilities of the Township which will secure for the inhabitants of the Township of Burlington adequate supply, treatment and distribution of the Township's water resources.

B. Personnel. The following personnel are hereby created within, assigned to, or have authority over the Water Utility within the Department of Public Works for the Township of Burlington.

(1) Public Works Superintendent. The Public Works Superintendent shall have general and specific operational authority over all employees assigned to the Water Utility within the Department of Public Works for the Township of Burlington and, in this connection, shall perform the duties as assigned to his title in carrying out the purposes of both the Department and the Water Utility.

(2) Public Works Foreman. The Public Works Foreman under the Public Works Superintendent on a departmental level shall assist the Public Works Superintendent in carrying out his duties with regard to the Water Utility within the Department of Public Works for the Township of Burlington.

(3) Water Superintendent. The Water Superintendent within the Water Utility of the Department of Public Works of the Township of Burlington has operational control over the day-to-day operation of the Water Utility within the Township of Burlington and shall perform such duties and have such authority as his title shall imply to see that the Water Utility operates properly to carry out the purpose for which it is designed.

[Amended 3-26-2019 by Ord. No. 2019-OR-011]

(4) Water Treatment Plant Operator. The Water Treatment Plant Operators assigned to the Water Utility within the Department of Public Works for the Township of Burlington shall under the Water Superintendent perform such tasks as their title implies to effectuate the purposes of the Water Utility within the Township of Burlington.

[Amended 3-26-2019 by Ord. No. 2019-OR-011]

(5) Water repairer. Water repairers assigned to the Water Utility within the Department of Public Works for the Township of Burlington shall perform such manual tasks as are assigned to the water repairer by higher ranking title within the Water Utility within the Department of Public Works for the Township of Burlington and shall carry on such duties as their title shall imply.

C. Civil service appointment. All titles assigned to the Water Utility within the Department of Public Works for the Township of Burlington shall be appointed by the Mayor of the Township of Burlington pursuant to the rules and regulations established by the Department of Personnel and the Personnel Code of the Township of Burlington.

D. Title duties. All titles assigned to the Water Utility within the Department of Public Works for the Township of Burlington shall, in addition to the general duties described in Subsection B above, carry on all such duties and shall have qualifications to perform such duties as may be applied by their title description maintained by the Department of Personnel for the State of New Jersey, and any and all duties so described within the title description maintained by the Department of Personnel are by reference specifically included within the title description heretofore established.

E. Compensation. All employees assigned to the Water Utility within the Department of Public Works for the Township of Burlington shall be paid such compensation as is provided within the Salary Ordinance of the Township of Burlington.

F. Additional personnel. The Mayor and Council of the Township of Burlington by ordinance may amend from time to time the title descriptions set forth in Subsection B above and establish new titles by this procedure for the Water Utility within the Department of Public Works; in addition to the creation of new titles, the Mayor may, to the extent that budget appropriations are available, employ additional personnel within the titles set forth above as the needs of the Township shall require. In addition to new titles and new personnel appointed specifically to this Utility, the Public Works Superintendent shall have the right, subject to the requirements of law, to assign any individual now currently or in the future employed by other divisions of the Public Works Department to the Water Utility where the best interest of the Township demands. Upon assignment to the Water Utility, said personnel so assigned shall be under direct day-to-day operational instructions of the Water Superintendent.

[Amended 3-26-2019 by Ord. No. 2019-OR-011]

G. Departmental personnel rules and regulations. The Mayor and Council of the Township of Burlington by resolution shall have the right to pass rules and regulations concerning personnel standards applicable to the Water Utility within the Department of Public Works for the Township of Burlington. Upon passage of the resolution referred to above, a copy shall be filed in the records maintained by the Municipal Clerk and shall be transmitted to the Public Works Superintendent by the Municipal Clerk for posting in appropriate places for review by all employees of the Water Utility. In addition, a copy of said resolution shall be posted on the Municipal Bulletin Board by the Municipal Clerk. Any Water Utility personnel who shall violate any of the provisions of said standards shall be subject to disciplinary actions as are set forth within said rules, or within rules within the Personnel Code of the Township of Burlington, or within Civil Service Rules and Regulations promulgated by the Department of Personnel.

§ 584-3 Water Utility rules and regulations.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

Scope. Any person or persons, firm or firms, corporation or corporations receiving or who desire to receive a supply of water for any purpose from the Water Utility shall be subject to and shall abide by the rules and regulations hereinafter set forth in this article. No person or persons, firm or firms, corporation or corporations shall receive or shall connect into the water supply and distribution facilities maintained by the Water Utility unless and until they have complied with the rules and regulations contained within this section.

§ 584-4 Definitions.

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

BUILDING CONNECTION

That portion of service line which runs from the curb stop through the meter to such buildings as exist on the consumer's property.

CONSUMER

The party contracting for services to a property as herein classified:

A. A building under one roof owned by one party and occupied as one business or residence;

B. A combination of buildings owned by one party in common enclosure, occupied by one family or business;

C. The one side of a double house owned by one party having a solid vertical partition wall;

D. A building owned by one party of more than one apartment and using in common one hall and one entrance; or

E. A building owned by one party having a number of apartments, stores and offices and using a common hall and one or more means of entrance.

CURB STOP

The area along the service line where a lateral connects with a line running from the consumer's premises. The curb stop shall usually be located adjacent to the curb abutting a street servicing the consumer's premises.

FIRE HYDRANT

A discharge pipe with a valve and spout at which water may be drawn from the mains of waterworks maintained and operated for the purpose of fire protection to the community.

LATERAL

That portion of the service line which runs from the main line to the curb stop.

SERVICE EQUIPMENT

Various components of the service line, including corporation cocks, lateral lines, curb stops, valve boxes and meters, supplied by the Township of Burlington Water Utility.

SERVICE LINE

A line used to supply a single physical unit which is nondivisible, and no consumer shall be supplied by more than one service line unless agreed upon between the consumer and the Utility. A service line consists of the lateral and the building connection as defined in the article.

TOWNSHIP COUNCIL

The Mayor and Council of the Township of Burlington.

UTILITY

The Water Utility contained within the Department of Public Works of the Township of Burlington.

A. WATER SUPERINTENDENT The Water Superintendent charged and licensed to assume responsibility for the water supply and distribution facilities maintained by the Township of Burlington.

[Amended 3-26-2019 by Ord. No. 2019-OR-011]

B. SUPERINTENDENT The Public Works Superintendent of the Department of Public Works for the Township of Burlington or his authorized representative.

WATER MAIN

A line in and along the streets and roads of the Township and/or in and through the Township easements or rights-of-way in and through private property, which services one or more customers and has a minimum inside diameter of eight inches.

§ 584-5 Permit; application procedure and fee.

A. Permit required. No person or persons, firm or firms, corporation or corporations shall connect into, receive the services of or make use of the water supply and distribution system within the Township of Burlington until and unless they shall have acquired a permit from the Superintendent for the purpose or purposes sought. No permit shall be issued to an applicant unless and until the application procedure outlined below has been followed and all permits issued under this article shall be conditioned upon the permittee's compliance with all rules and regulations of this article and state law.

B. Application; form and submission.

(1) All applicants for a permit required under provisions of this article shall submit an application in the form prescribed by the Superintendent.

(2) All applications required or promulgated under this article shall state the location of the premises in question, the purpose for which the water supply will be used, the type and nature of the permit sought, the kind and size of the service pipes from the street main to the premises, the name of the licensed plumber employed and such other additional information as is necessary for the Superintendent to properly evaluate the effect which granting such application would have on the water supply and distribution facilities maintained by the Township of Burlington. Prior to action on any application, said application shall be signed by the owner or owners of the premises affected or the owner's duly authorized agent. All applications executed by an owner's agent shall be accompanied by written authorization from the owner to the agent indicating the agent's authority to make the application sought. Prior to action on any application for a permit involving a service line greater than one inch submitted pursuant to the provisions of this article to the Superintendent, the application and plan shall be submitted to the Township Engineer of the Township of Burlington for his or her review.

[Amended 2-12-2008 by Ord. No. 08-OR-002; 12-22-2015 by Ord. No. 2015-OR-036]

(3) The owners shall first submit to the Superintendent a sketch showing the following when applying for a permit: location and size of main to be connected to, location and size of service, type of service pipe, method of connecting building for facility being served in relation to street right-of-way. No permit shall be issued prior to the Superintendent's approval of such sketch.

C. Connection fee. The connection fees more particularly described in Schedule 1, attached hereto and made a part hereof, shall accompany the applications submitted to the Superintendent.[1] No action may be taken on an application until the fees required by this article have been paid, and an issued permit shall be prima facie proof that the fees required under this section of this article have been paid.

[1] Editor's Note: Schedule 1 is included at the end of this chapter.

D. Issuance or rejection. Upon receipt of all the documents and fees required under this article, the Superintendent shall examine the application to determine the effect which the granting of said application shall have on the water supply and distribution facilities of the Township of Burlington. If the Superintendent shall determine that granting said application shall not unduly tax the water supply and distribution facilities maintained by the Township and shall determine that all work to be performed under the application complies with all the requirements of federal, state, county and municipal law, then and in that event the Superintendent shall issue the permits sought. In the event that the Superintendent shall find that the above standard cannot be met, then he shall reject said applications by returning the application submitted to the applicant with the notation "rejected." In addition, the Superintendent shall send to the applicant a written statement of the reasons why said application has been rejected. A copy of said written statement shall be filed with the Township Clerk of the Township of Burlington.

E. Appeals. Any applicant who has had his application rejected by the Superintendent may, within 10 days of receipt of notice of rejection, file a written appeal on forms prescribed by the Township Council with the Township Clerk of the Township of Burlington. Within 60 days of receipt of the appeal, the Township Clerk shall place the appeal upon the agenda of a regularly scheduled Township Council meeting. No less than five days prior to said meeting, the Township Clerk shall give written notice to the applicant and to the Superintendent of the date, approximate time and place where the Township Council will consider the question of the appeal. At said hearing, both the applicant and the Superintendent shall be given an opportunity to present evidence in their behalf. The Township Council, in writing within 14 days after hearing said testimony, may affirm, modify or reverse the decision of the Superintendent; failure by the Township Council to act shall constitute affirmation of the Superintendent's decision.

F. Revocation. As stated in § 584-3 above, all permits issued under this article are conditioned on an applicant's compliance with all the rules and regulations set forth in this article. In the event that the Superintendent shall determine that a violation exists, he shall give notice to the permittee that the permit issued under the provisions of this article has been suspended, that, unless within 10 days of the suspension the violation has been abated, the permit will be deemed revoked, and that, from the date of the receipt of said suspension notice, all work authorized under the permit granted shall cease and desist. Any permittee issued a suspension order under the provisions of this article, may within the ten-day period referred to above take an appeal to the Township Council in the manner set forth in Subsection E above; provided, however, that no work may be performed under the permit issued under this article until the appeal referred to in this article has been heard by the Township Council of the Township of Burlington. Any permittee whose permit has been revoked must make a new application under this provision of this article under the same terms and in the same manner as any new application. The provisions of this section shall be cumulative with any other provisions of this article setting forth a penalty for violation of this article, and action or lack of action under the provisions of this section shall in no way impede or impair the Township's right to proceed under any other section of this article.

G. Emergency revocation. Where emergency conditions exist which are found by the Township Council to be detrimental to the health, safety and welfare of the community in such a fashion as to constitute an immediate threat to the lives or property of the residents or inhabitants of the Township, the Mayor of the Township of Burlington may, upon application by the Superintendent, either verbal or written in nature, issue an immediate stop-work order with or without first resorting to the notice procedure outlined in Subsection F above, provided that the stop-work order shall be written in such a fashion as to identify the nature of the threat and its immediate danger, state that within 10 days from the date of the stop-work order a hearing before the Township Council shall be held to review the basis of the stop-work order, and state the date, place and time of the hearing to afford the permittee an opportunity to present his case.

§ 584-6 Connections to water supply regulated; responsibility for maintenance, repair and/or replacement of lateral.

[Amended 5-28-2013 by Ord. No. 2013-OR-015[1]; 12-22-2015 by Ord. No. 2015-OR-036]

A. Connection to water supply regulated. No person(s), firm(s), or corporation(s) shall connect into the water supply and distribution facilities of the Township except after having secured a permit in accordance with the provisions of § 584-5. Any permittee desiring to tap the water supply and distribution facilities of the Township shall notify the Superintendent or his designee of his intention and establish a time when the trench will be open and the main uncovered and ready to be tapped. The Superintendent or his designee shall be present and shall supervise the tap in order to ensure that proper procedures are followed. No connection into a Township water main shall be made without written permission from the Superintendent.

B. Responsibility for maintenance, repair and/or replacement of lateral. The Water Utility shall be responsible for the maintenance, repair and/or replacement of all approved laterals and curb stops up to one-inch diameter; however, this responsibility does not extend onto private property. The consumer shall be responsible for the maintenance, repair and/or replacement of all approved laterals and curb stops over one-inch diameter, building connections, regardless of size, including the connection to the curb stop, and those portions of laterals and curb stops located on private property.

[1] Editor's Note: This ordinance also provided for the repeal of former Subsection A of this section, Fees for taps and curb stops, and former Attachment 3, Tap-In Charges.

§ 584-7 Meters.

A. Meter required. All meters shall be purchased from Burlington Township or approved by the Township. In the event that the size of the meter needed is not stocked by Burlington Township, the Superintendent may require the permittee or property owner to provide said meters as specified by the Superintendent. All connections shall be metered, and a use of water without a meter makes the property owner liable for an amount of water consumed as estimated by the Water Utility in addition to any penalties imposed under this article. The Township, upon repeated offenses, may order the water supply to be discontinued.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

B. Installation. The meter shall not be installed unless the location provided for said meter meets with the approval of the Water Utility. Compression stops shall be provided by the property owner on each side of, and directly adjacent to, a meter. Additionally, there shall be provided 18 inches of copper pipe on both sides of the meter with a ball valve centered in each pipe, securely mounted so as to support the meter. No fixtures of any kind from which water might be drawn shall be placed on the street side of a meter.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

C. Tampering. No person, except an employee of the Utility, shall connect, disconnect, repair, adjust or tamper in any way with a water meter.

D. Faulty meters.

[Amended 5-28-2013 by Ord. No. 2013-OR-015; 12-22-2015 by Ord. No. 2015-OR-036]

(1) Report of meter failure; interim charges. Failure of a meter to register properly shall be reported immediately to the Water Utility. Charges for water during the period of such failure shall be computed on the basis of the average consumption over a reasonable period prior to the failure.

(2) Improper registering; cost of repairs. Should a consumer believe that a meter having a diameter of one inch or less is not registering properly, the consumer shall file a complaint with the Water Utility, whereupon the meter will be removed and tested by the Water Utility. If the meter is found to register against the consumer more than 3%, there will be no charge for removing, repairing and resetting the meter. If, however, the meter is found to register against the consumer less than 3%, a minimum charge of $50 will be made for the test. For a meter having a diameter greater than one inch, the consumer, if he or she elects, may, upon notice to the Superintendent, engage an independent company certified to test meters. If the reading demonstrates that the meter reading is inaccurate by 3% or higher, the Water Utility will provide a new meter for installation at the consumer's expense.

E. Access for inspection and maintenance. The Water Utility shall have access to the premises connected to the water system between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of inspecting and maintaining water meters and associated equipment. The consumer shall be responsible for providing sufficient unencumbered access. Where a meter is enclosed in a wall, the consumer shall provide access by means of a hinged door with a clear opening of at least two feet by two feet centered on the meter. Where the consumer has denied access for inspection, maintenance, repair or replacement of the water meter, there shall be a surcharge of $50 for each billing cycle until access shall have been permitted. In the event that fraudulent representations shall have been made to the Township on the part of the water user, or in the event of unnecessary waste or improper use of water, the supply of water to the premises will be shut off, and there will be no refund of any payment that shall have been made to the Township.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

F. Property of Township; size and maintenance.

(1) All water meters are the property of the Township of Burlington.

(2) The size of meters to be attached to water connections shall be as required by the Water Utility.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

(3) The consumer shall take all proper precautions to protect the meter from injury, frost and damage from hot water or steam. The owner or owners of premises will be held liable for all damage or loss to the Township from failure to properly care for and protect said meters.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection F(4), regarding broken meters, as amended, was repealed 5-28-2013 by Ord. No. 2013-OR-015.

(5) Meter purchase or replacement costs. The cost for purchasing a meter or replacing a meter and/or couplings shall be the actual cost to the Township for the replacement meter and/or couplings, plus a ten-percent administrative charge.

[Added 7-10-2012 by Ord. No. 12-OR-020; amended 5-28-2013 by Ord. No. 13-OR-015; 4-12-2016 by Ord. No. 16-OR-010]

§ 584-8 Fire hydrants.

A. Use regulations. No person except firemen operating under an authorized Township Fire Official, personnel of Water Utility, or persons authorized by the Superintendent will be permitted to take water from fire hydrants of the Township. No person will be permitted to draw water from hydrants into carts for the use of sprinkling or paving streets or construction except by a special permit issued in accordance with the provisions of § 584-5 of this article. No permit as specified above shall be granted until and unless a cash bond in the amount of $100 has been given by the applicant to reimburse hydrants or connections. When the permittee making use of the system as outlined in this section has completed all work requiring use of the water supply and distribution system, the deposit referred to in this section will be returned less the cost of any repairs necessary to place the fire hydrant in its former condition. The specific fire hydrants to be used for the above-mentioned purposes shall be designated by the Superintendent and shall be used in accordance with his instructions. In addition to the deposit referred to above, an applicant for a special permit covered by the provisions of this section shall pay the minimum charge specified on Schedule 2 attached to this article and made a part hereof.[1] Said sum shall accompany the application submitted pursuant to the provisions of § 584-5 of this article. There shall be a penalty, not to exceed $500, for each occasion of improper or unauthorized use of a fire hydrant.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

[1] Editor's Note: Schedule 2 is included at the end of this chapter.

B. Hydrant standards.

(1) Quality. All hydrants installed within the Township of Burlington shall be the Mueller Super Centurion 250, approved by the Superintendent of the Burlington Township Department of Public Works.

[Amended 9-23-2008 by Ord. No. 08-OR-025]

(2) Joints, valves and fittings.

(a) All hydrants to have counterclockwise valve openings.

(b) All hydrants to have five-and-one-quarter-inch steamer connection facing roadway (national standard thread).

[Amended 9-23-2008 by Ord. No. 08-OR-025]

(c) All hydrants to have two two-and-one-half-inch (national standard thread) type fittings with screw cap covers. The two two-and-one-half-inch connections are to face parallel with the curbline of roadway.

(3) Height, setback and distance requirements.

(a) Minimum setback off curb is to be 18 inches to center of hydrant.

(b) Minimum height is to be 18 inches above the curb to center of four-and-one-half-inch steamer connection.

(c) Distance between hydrants is to be a maximum of 600 feet or less along the curbline.

(4) Painting.

(a) Hydrants, generally. All hydrants are to be painted with Con Lux Steel-Guard Siliconized No. 8500 Series paint or of equal quality, as approved by the Burlington Township Water Department.

[1] Paint color. All hydrants will be painted according to the following schedule to indicate the water main size:

	6-inch to 8-inch water main	Con Lux Steel Guard Accent Red No. 8508
	10-inch water main	Con Lux Steel Guard Bronze Green No. 8528
	12-inch water main	Con Lux Steel Guard Alert Orange No. 8500
	16-inch water main	Con Lux Steel Guard Visibility Yellow No. 8547

[2] Screw caps. All screw caps will be painted with Con Lux Steel Guard No. 8535 Solar White paint.

(b) Dead-end hydrants. All dead-end hydrants will be painted with Con Lux Steel Guard No. 8535 Solar White Paint.

[1] Top dome. All dead-end hydrant top domes will be painted with Con Lux Steel Guard Accent Red No. 8508.

(5) Waterlines.

(a) All waterlines between hydrants are to be no less than eight-inch ductile pipe.

(b) All lines connecting mains to hydrants are to be no less than six-inch ductile pipe.

(c) Upon completion of any installation of water mains and/or hydrants, the Township Engineer shall assure that the contractor provides the Superintendent a complete set of as-built drawings before final payment is made or final approval is given.

§ 584-9 Discontinuance of water service.

A. At the request of the property owner: When requested by the owner or his agent, the Water Utility shall discontinue service to a property. A turn-off charge of $50 shall be made for discontinuing the service. A turn-on charge of $50 shall be made when service is restored. There shall be a fee of $100 for water turn on and off services between the hours of 3:00 p.m. and 7:00 a.m. Wherever service shall have been temporarily turned off, the minimum charge hereinafter established shall not continue against said premises. No adjustment of water charges due to failure of the Water Utility to disconnect or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is made in writing and filed with the Water Utility.

[Amended 4-22-2008 by Ord. No. 08-OR-007; 12-22-2015 by Ord. No. 2015-OR-036; 11-9-2021 by Ord. No. 2021-OR-029]

B. Upon the action of the Utility: Water service may be discontinued for any of the following reasons:

(1) For the use of water for any other property or purpose than that described in the application.

(2) For willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(3) For failure to maintain in good order connections, service lines or fixtures owned by the consumer.

(4) For molesting, tampering or attempting to molest or tamper with any service pipe, curb, stops, seal, water meter or other appliances of the Water Utility.

[Amended 12-22-2015 by Ord. No. 2015-OR-036]

(5) Burlington Township reserves the right at any time after notice shall have been given by publication or otherwise to shut off the supply of water from the water mains of the Township to facilitate the making of repairs at the water pumping stations or repairing or extending the water distribution system of the Township, or for other related purposes; in which event the supply of water by the Township for public land or private purposes would be temporarily suspended and all owners and occupants of premises on which boilers are located that are not supplied by tanks or cisterns are cautioned to take action to prevent damage to such boilers. The Township also reserves the right to prescribe and enforce restrictions upon the use of water supplied by the Township whenever, in the judgment of the Superintendent of Public Works, emergencies or exigencies of the public service may require, and to restrict or prohibit the use of water for fountains, lawn sprinklers or other outside hose connections when such action is considered necessary to maintain an adequate and/or safe supply of water.

(6) Private and public users of water supplied by the Township expressly agree, by connecting their respective properties with the water mains of the Township, that no claims for injuries, damages or losses shall be made against the Township or its officers or employees on the grounds that such injuries, damages or losses are the direct or indirect result of the bursting or breaking of any water main, service pipe, water meter or any breakdown or accident at any water pumping station of the Township, or of any accidental failure in the supply or quality of water as the result of any cause or causes whatsoever, or of the operation, failure, omission or shutoff of the water service or supply.

(7) Except as otherwise provided by this article, all prescribed tariffs, rates and charges for furnishing water and water service to private and public users shall be due and payable to the Township at the office of the Tax Collector, Town Hall, and on all bills for water and water service and for work done or materials furnished remaining due and unpaid for 30 days from date of invoice, interest will be added at the rate of 8% per annum from the date of invoice on the first $1,000, and in the event that prompt payment thereafter shall not be made, the supply of water to the premises, (including all structures thereon) may be shut off and remain shut off until all arrears, with interest and penalties, shall have been paid. Said arrears shall be a lien upon the premises, including land and structures, to which water or water service was furnished and in connection with which such charges were incurred to the same extent as taxes are a lien upon real estate and shall be enforced by the same officer and in the same manner as liens for delinquent taxes upon real estate are enforced and collected.

(8) In the event the Superintendent shall determine that there is a violation by any user of any of the rules established by this article, the Township reserves the right to turn off the water without notice, and the Township shall not be under any obligation to refund any payment made to the Township for furnishing water or water service, and after water has been turned off from any service pipe, it will not be turned on again until unpaid charges shall have been paid to the Township, together with the expense of the Township in connection with turning the water off and on. Whenever the water shall have been shut off in consequence of the above, the owner shall be subject to an administrative charge payable to the Township as follows: for the first occurrence, $10; for the second occurrence, $20; for the third occurrence, $30; and for the fourth occurrence and any subsequent occurrence, the sum of $40. The owner shall promptly pay said charge, and said charge shall constitute a lien as set forth in Subsection B(7) until paid in full. Said sums shall be in addition to any Court-imposed fine or costs.

§ 584-10 Fire flow/pressure testing; permit required.

[Added 4-13-2021 by Ord. No. 2021-OR-007][1]

A. No person, firm or corporation shall perform a fire flow/pressure test, which requires the use of potable water, for any building in the Township without first applying to the Water Utility for a permit, paying the applicable fee and receiving permit approval to conduct the test. No testing shall be performed unless a representative of the Water Department is present.

B. Within four working days following the receipt of a complete permit application and payment of the associated fee, the Water Superintendent will issue the permit and schedule appropriate personnel to observe the test. All costs associated with the test shall be the responsibility of the permittee. The fee schedule shall be as follows:

(1) For water mains that are eight inches diameter or larger: $1,000 per test.

(2) For water mains that are less than eight inches: $500 per test.

C. These fees are based on a maximum test duration of two hours. Tests that exceed two hours' duration will result in a bill being issued to the permittee based on $150 per hour, or fraction thereof. Testing shall only be conducted Monday through Thursday between the hours of 8:00 a.m. through 1:00 p.m. and shall not be permitted during the months of June, July or August, unless approved by the Water Superintendent for special reasons.

D. Any person, firm or corporation that violates the provisions of this section will be subject to a fine in the amount of $2,000 in accordance with the general penalty provisions set forth in §1-18.

[1] Editor's Note: Former § 584-10, Senior citizens' rates, was repealed 5-28-2013 by Ord. No. 2013-OR-015.

§ 584-11 Installment payment of connection fees.

A. Sewer and water connection fees may be paid, by every person who is a citizen and resident of the Township of Burlington having an annual income not in excess of the limitations provided in this section and residing in a dwelling house owned by him which is a constituent part of his real property or residing in a dwelling house owned by him which is assessed as real property but which is situated on land owned by another or others, annually, on proper claim being made therefor, in equal yearly installments not exceeding 10, with legal interest thereon on the anniversary date of the first payment, but any such person may pay the whole of any connection fees or any balance of installments with accrued interest at any one time. If any such installment shall remain unpaid for 30 days after the time when the same shall have become due, the whole connection fee or balance due thereon shall become and be immediately due, shall draw interest at the rate imposed upon the arrearage of taxes in Burlington Township, and be collected in the same manner as past due assessments.

B. Income requirements.

(1) One's income, including the income of one's spouse, during each year that yearly installments are paid must not exceed $10,000 to qualify for the installment payment of connection fees. One's income means all income received by claimant and spouse, from whatever source derived, including, but not limited to, salaries, wages, bonuses, commissions, tips and other compensations before payroll deductions, all dividends, interest, realized capital gains except for a capital gain resulting from the sale or exchange of real property owned and used by the taxpayer as his principal residence and on which he received a deduction allowed by N.J.S.A. 54:4-8.40, royalties, income from rents, business income and, in their entirety, pension, annuity and retirement benefits, exclusive of benefits under any one of the following:

(a) The Federal Social Security Act and all amendments and supplements thereto;

(b) Any other program of the federal government or pursuant to any other federal law which provides benefits in whole or in part in lieu of benefits referred to in or for persons excluded from coverage under Subsection B(1)(a) hereof, including but not limited to the Federal Railroad Retirement Act and federal pension, disability and retirement programs; or

(c) Pension, disability or retirement programs of any state or its political subdivisions, or agencies thereof, for persons not covered under Subsection B(1)(a) hereof.

(2) Provided, however, that the total amount of benefits to be allowed exclusion by any owner under Subsection B(1)(b) or (c) hereof shall not be in excess of the maximum amount of benefits payable to and allowed for exclusion by an owner in similar circumstances under Subsection B(1)(a) hereof.

(a) Dividends, interest, realized capital gains, pensions, annuities and retirement benefits not otherwise excluded herein must be included in full without deductions even though they may be wholly or partially exempt for federal income tax purposes.

(b) "Business income" means gross income derived from a business, trade, profession or from the rental of property after deductions therefrom of the ordinary and necessary expenses attributable to the business, trade, profession or from the rental of property which are allowed under the Federal Internal Revenue Code and regulations issued thereunder.

(c) Federal Internal Revenue Code income definition, when applicable: Except as herein otherwise indicated, the definition of income under the Federal Internal Revenue Code and the regulations issued pursuant thereto shall constitute the basis for computing a claimant's income for the purpose of determining whether a claimant meets the applicable income limitation.

(d) The income of the claimant shall be combined with the income of his or her spouse for the purpose of determining whether a claimant's income during the tax year exceeds $10,000. However, for that portion of the tax year that the claimant's spouse was living apart in a state of separation, whether under judicial decree or otherwise, the income of the spouse attributable to that portion of the year shall be deducted from the combined income.

(e) No applicant shall fail to include any portion of the income of his or her spouse unless such exclusion is accompanied by proof that the applicant and the spouse were living apart in a state of separation. Proof of separation shall be the judicial decree of divorce known as a judgment of divorce from bed and board, or separation agreement, or affidavit of such separation. "State of separation" shall mean a permanent and indefinite period of separation and shall not mean temporary periods of separation such as separate vacations, business trips, hospitalizations, etc.

(f) The income of the claimant shall not be combined with the income of members of claimant's family other than his or her spouse, for the purpose of determining whether claimant's income during the income period exceeds $10,000.

C. To qualify for this installment connection fee, one must file a claim on a form prepared by the Township of Burlington which states that the person meets these income requirements. The form shall be filed with the Director of Welfare. The Director of Welfare shall certify eligibility to participate in this program. The Director of Welfare may, at any time, inquire into the right to the continuance in this program, and for that purpose he or she may require the filing of a new application or the submission of such proof as he or she shall deem necessary to determine the right to continue in this program.

§ 584-12 Effective date.

This article shall take effect immediately upon final passage and publication as required by law; however, the Tax Collector of the Township of Burlington is hereby directed to cause the rates to become effective March 15, 1979, with said rates to be applied retroactively to excess consumption from September 15, 1978, to March 15, 1979.