[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.
[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)]
[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.
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.
[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.
As used in this article, the following terms
shall have the meanings indicated:
That portion of service line which runs from the curb stop
through the meter to such buildings as exist on the consumer's property.
The party contracting for services to a property as herein
classified:
A building under one roof owned by one party
and occupied as one business or residence;
A combination of buildings owned by one party
in common enclosure, occupied by one family or business;
The one side of a double house owned by one
party having a solid vertical partition wall;
A building owned by one party of more than one
apartment and using in common one hall and one entrance; or
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.
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.
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.
That portion of the service line which runs from the main
line to the curb stop.
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.
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.
The Mayor and Council of the Township of Burlington.
The Water Utility contained within the Department of Public
Works of the Township of Burlington.
WATER SUPERINTENDENTThe 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]
SUPERINTENDENTThe Public Works Superintendent of the Department of Public Works for the Township of Burlington or his authorized representative.
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.
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.
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.
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.
(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]
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.
(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.
(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.
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.
[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:
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.
[1]
Editor's Note: Former § 584-10, Senior citizens'
rates, was repealed 5-28-2013 by Ord. No. 2013-OR-015.
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
(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.
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.