[Adopted by Ord. No. 391 (§§ 12-3 through 12-8 of the Revised General Ordinances),
as amended through Ord. No. 27-1999]
Subject to the provisions of this article and such other ordinances
and resolutions as may be adopted by the Mayor and Borough Council,
and subject further to the general supervision of the Council member
to whom the Water Department is assigned, the Borough Superintendent
shall exercise a general supervision and control and shall be in direct
general charge of the water supply of the Borough of Spring Lake,
including all physical plants and properties connected therewith.
The Borough Collector shall have charge of all the books and
records of the Water Department other than those pertaining to the
issuance of permits.
Complaints with regard to the character of the service furnished
or the reading of meters shall be made to the office of the Borough
Collector in writing. The Borough Collector shall make a record of
such complaint, giving the name and address of the complainants, the
date and nature of the compliant and forward such complaint to Water
Department.
Complaints with regard to billing shall be made to the office
of the Borough Collector in writing. The Borough Collector shall make
a record of such complaints and shall make a determination as to the
accuracy of such bill and set forth remedy.
No water connection shall be made to any portion of the water
supply system by any person or persons, firm, association, partnership,
corporation or organization except upon proper permit issued by the
Borough Clerk after proper application has been made, necessary fees
paid in advance and approval secured in writing from the Borough Superintendent,
including the opening of any street or sidewalk for the introduction
or change of water facilities.
All applications for water service or the extension of the water
distribution system shall be made to the Water Department and shall
contain an assent by the owner of the property where the water service
is desired or by his duly authorized agent to these rules, rates and
regulations and, at the same time, the applicant shall pay all charges
of the Water Department up to the commencement of the succeeding term,
including all charges of the Water Department incidental to the introduction
and extension of the service applied for. The application shall state
the date, name of the party, current domicile address and phone number
of the party and the name and address of any management agent, kind
and extent of service applied for, description and location of property
to be supplied and the rates and terms of payment. All water taps
are to be made by the Water Department with charges as per schedule
according to size of tap desired, it being expressly understood that
curb stops, valves, curb boxes and roadway boxes are to be owned by
the Borough.
Application for the extension of the water distribution system
may be made only where sufficient demand for service warrants. The
Mayor and Council of the Borough shall determine the terms and conditions
upon which such applications or petitions may be granted.
All applications for water service shall continue in force from
year to year unless 30 days' notice in writing is given to the Water
Department of a desire to terminate the service. In the event of a
discontinuance of the use of water service from a tap, the Water Department
shall disconnect the tap at the main.
The Water Department will not tap its water mains and run service
to curb lines until application is properly executed and tapping fee,
as per schedule, is paid in advance.
All water taps made and services installed must be metered except
in cases where the applicant desires to have water for building purposes
on flat-rate charges and this supply must be metered if the Water
Department so directs.
Each consumer must have installed at his own expense a stop-and-waste
valve on the service pipe inside the building. The valve is to be
installed within one foot of where the service pipe enters the building,
and the valve must be so located and arranged that the water supply
may be shut off without difficulty.
A.
All water service connections from the curb to and in the building
and land surrounding the same must be made by a plumber registered
and licensed under and in accordance with the ordinances of the Borough
heretofore or hereafter adopted by the Mayor and Council. The connections
shall be inspected by the Plumbing Inspector and shall be properly
reported to the Water Department as provided in ordinances heretofore
or hereafter adopted by the Mayor and Council.
B.
All changes of water services, connections or fixtures must also
be inspected by the Plumbing Inspector and reported to the Water Department.
No water service connection shall be made without proper written application
and prepayment of all fees and charges as required by other sections
of this article.
. Each house, building and store on a property requiring or
using water services shall be separately metered or charged as required
by this chapter.
Where several premises or several houses, buildings, stores,
apartment units, persons or consumers in the same premises now or
hereafter are supplied by the same service pipe, the owner of the
property shall be responsible for payment of water rents, fees or
charges or if there be any violation of any provision of this article,
and the Borough Superintendent or his agent shall have the right to
cut off the water service and none of them shall have any claim for
damages or compensation or for the abatement of any charges made or
fee imposed. Further, when any premises are now or hereafter occupied
by more than one tenant drawing water through the same service pipe,
the owner of the property shall be responsible for water rents, fees
or charges and if the water be cut off from the premises, the same
shall not be turned on until all the rent or fees or charges due and
all expenses for cutting off and turning on the water services shall
be paid in full.
Any consumer wishing to discontinue water service shall give
written notice thereof at the office of the Borough Clerk. The charges
will continue until such notice is given. On receipt of such notice,
the Water Department will turn off the service at the curb stop, remove
the meter and record the date thereof. In every case where service
is granted for less than the calendar year, the consumer will be charged
in accordance with the schedule but in no case less than the annual
user charge as provided in the schedule of rates, services and charge.
In the case of a temporary occupancy by the owner or occupant
of any premises, the water will be turned on and meter installed by
the Water Department upon the written request of the owner or his
authorized agent, given at least 72 hours in advance to the Borough
Clerk. In the case of a temporary vacancy by the owner or occupant
of any premises, the water will be turned off and the meter removed
by the Water Department upon the written request of the owner or his
authorized agent, given at least 72 hours in advance, but a charge
of $100 will be made by the Water Department when requested to turn
water on again. This request or order must be in writing and all water
and sewer bills paid current, but the shutting off of water, upon
the request of the owner or his agent shall not in any way impair
the contract then existing between the Borough and the owner or consumer
under this article. No meter may be installed or removed except by
the Water Department. Meters not in actual service must be stored
in the possession of the Water Department. Any violation of this subsection
is subject to the penalties provided in this article.
When water has been turned off for any cause, this fact shall
be recorded on the books of the Water Department and the charge, except
for the annual user fee, ceases from the date. When water service
is recorded as being turned off and is at any time found turned on,
it is expressly agreed by the consumer that the Water Department may
charge for the use of water from the time it is recorded as being
turned off, in addition to any interest and arrears chargeable against
the premises.
A.
Service may be discontinued for any of the following reasons:
(1)
For nonpayment of water and sewer service or any other charges accruing
under the application for two consecutive quarters.
(2)
Under the flat or meter rate service for addition to such property
or building or fixtures or increasing use to be made of water supply
without notice to the Water Department.
(3)
For willful waste of water through improper or imperfect pipe, fixtures
or otherwise.
(4)
For failure to maintain in good order connections, service liens
or fixtures owned by applicant.
(5)
For molesting, disturbing or interfering with any service pipe, meter,
curb stop, box seal or any other appliance of the Water Department.
(6)
In the case of vacancy of premises.
(7)
For the use of water on any other property or building or purpose
than that described in the application.
(8)
For refusal of reasonable access to the property for purpose of inspecting
or reading, caring for or removing meters.
(9)
For fraudulent representation on the part of the consumer or the
owner of the premises.
(10)
Persistent violation of the rules and regulations of the Water
Department.
The certified water plant operator or any authorized employee
of the Water Department or any person or persons designated by the
Mayor and Council of the Borough for that purpose may, at all reasonable
hours, enter the premises of any water consumer and examine the pipes,
fixture and meter, read the meter, make all tests and repairs, remove
and replace the meter when deemed necessary and may also check all
pipes, fixtures and the number of fixtures connected to the water
service. If the owner refuses to upgrade the piping within the system
in order to permit proper functioning of meters or to permit access,
the Borough shall have the right to use other means to rectify the
problem and the expenses related thereto shall be the homeowner's
responsibility.
Under no circumstances shall curb stops be opened or closed by any person not an authorized employee of the Water Department except that a licensed plumber may open or close a curb stop to test his work or to make necessary repairs. In all cases where a licensed plumber tests his work, or makes repairs in unoccupied premises, he shall, upon completion of his work, leave the curb stop closed, and upon failure or neglect so to do he shall be liable for all damages occasioned thereby and shall be liable for such fine or penalty as may be imposed under § 376-60. Any unauthorized person who shall turn on water at the curb or building, or for any other purpose, shall be liable for such fine or penalty as is determined under § 376-60 and as otherwise provided by law.
No person except a duly authorized employee of the Water Department shall open or close any valve in the water main or distribution system of the Borough. If any person except fire fighters, for the use of the Fire Department, or an authorized Borough agent shall open any public hydrant without permission of the Water Department, such person shall be liable for such fine or penalty as is determined under § 376-60 and as otherwise provided by the law.
No person shall be entitled to damages or rebate of any portion
of payments due because of accidents, addition, or repairs to any
portion of the water system.
All consumers having boilers upon their premises depending upon
the pressure of the water main and pipes of the Water Department to
keep them supplied are hereby cautioned against danger of collapse,
and all such damage must be borne exclusively by the consumer. Under
no circumstances will the Water Department be responsible for any
accident to pipes, fixtures or property caused by turning on or off
water for any cause whatsoever. To provide against accident to boilers
or hot water heaters, a safety valve should be installed to relieve
excessive steam pressure or a tank should be provided so arranged
as to keep the supply of water in such boiler or heater when the water
supply is discontinued at the main.
The Water Department may at any time restrict or regulate the
quantity of water used by the consumer in case of scarcity or if in
the judgment of the Mayor and Council of the Borough such restriction
or regulation may be necessary for the safety of the community in
case of fire or any other emergencies; and in case of emergency, the
Water Department may be at liberty to shut off the water supply in
order to make repairs, and the Borough shall not be liable under any
circumstances for the shutting off thereof or for the deficiency or
failure in the supply of water whether by the occasion of shutting
off of water or for any other cause whatsoever; nor shall the Borough
be held liable for any damage caused by increased pressure being put
on the mains during the times of fire, drills by the fire companies
or any other times; and all applications made hereunder shall be held
and construed to be made subject to the provisions of this section.
However, the Borough shall have the right to modify, rescind, amend
or alter any of the terms of this chapter or make such additional
regulations and restrictions as shall be found advisable for the protection
the municipal water system.
[Amended 11-29-2005 by Ord. No. 48-2005; amended 5-13-2014 by Ord. No. 2014-008]
A.
A charge for tapping water main with service pipe to curb, including
corporation and curb stops and including a street excavation not exceeding
35 lineal feet, shall be made as follows:
[Amended 7-12-2011 by Ord. No. 2011-009; 4-5-2012 by Ord. No. 2012-007]
(1)
For one-inch pipe on:
(a)
Bituminous and concrete surface treated roads: $2,950.
[Amended 5-13-2014 by Ord. No. 2014-008]
(2)
For one and one-quarter-inch pipe on:
(a)
Bituminous and concrete surface treated roads: $3,200.
[Amended 5-13-2014 by Ord. No. 2014-008]
B.
Taps larger than two inches in size are to be made only on special
arrangements with the Water Department, and the applicant shall pay
the full and actual cost of the installation, but in no case less
than a minimum charge of $5,000.
[Amended 7-12-2011 by Ord. No. 2011-009; 4-5-2012 by Ord. No. 2012-007; 5-13-2014 by Ord. No. 2014-008]
C.
Where the tapping of a water service line requires the excavation
of any street for more than 35 lineal feet, the applicant shall pay
a street opening fee in accordance with the full and actual cost to
the Borough, but in no case less than the minimum charge for the first
35 lineal feet as provided herein plus $40 per lineal foot for each
foot over 35 lineal feet on bituminous surface treated roads and $60
per lineal foot for each foot over 35 lineal feet on concrete roads.
D.
For each cutoff of an existing water service from the municipal water
main a charge of $300 shall be charged.
No agent or employee of the Water Department shall have authority
to bind the Department or the Borough by any promise, agreement or
representation not provided by this article unless such authority
is given in writing and approved by a resolution of the Mayor and
Council.
No plumber or owner or occupant of a premises shall turn on
water to any premises, whether an old or new supply, in cases where
water has been turned off for nonpayment of water rent or for any
other cause.
A.
No person or persons shall take water from any public fire hydrant
except for fire purposes or for the use of the Fire Department in
case of fire, nor shall anyone in any way use or take water for private
use unless such person shall first pay for the privilege and receive
the usual permit from the Water Department.
B.
Persons, firms or corporations operating bathing facilities and similar
enterprises on the oceanfront shall pay $200 per day for water consumed
in installing beach poles, strainers and similar facilities.
[Amended 11-29-2005 by Ord. No. 48-2005]
C.
No person shall take water from a fire hydrant for any purpose, including
but not limited to filling a swimming pool, hot tub or similar structure
on the property, without first obtaining a permit from the Borough
Clerk. The Borough Clerk will be advised as to the gallonage of the
structure to be filled and the person applying for said permit shall
be billed the cost of the water to fill the structure at the current
rate per gallon as established under this chapter.
The Borough shall have the right to reserve a sufficient supply
of water at all times in its reservoirs to provide for fire and other
emergencies.
The service from the main to the curbline is owned by the Borough,
including curb stops or valves or curb boxes or roadway boxes which
are to be used by the Water Department for turning on or shutting
off the water supply, so that at the end of the service line of such
service, it will be necessary for the property owner to make application
for a new tap and be charged as per schedule for tapping of the Borough
mains.
Excessive or unnecessary use or waste of water, whether caused
by carelessness or defective or leaky plumbing or fixtures, is strictly
prohibited. Water must not be kept running for sprinkling purposes
longer than specified by the rules and regulations of the Water Department.
In no case shall there be a waste of water.
No person shall break, damage, destroy, uncover, deface or tamper
with any structure, meter, line, appurtenance or any equipment which
is part of the municipal system of the water works and plants of the
Borough.
All meters used on any Borough water services measuring the
quantity of water consumed shall be furnished by the Water Department
and shall remain the property of the Borough.
The owner of any premises where a meter is installed shall be
held responsible for its care and protection from freezing or hot
water or from any other injury thereto. The owner or the consumer
shall notify the Water Department of any injury to or of the nonworking
of the meter as soon as the same comes to his knowledge. No bypass
around the meter shall be permitted.
Repairs to water meters shall be made by the Water Department
at its own expense; provided, however, that if proper protection has
not been provided, all expenses incurred by the Water Department for
repairing or replacing the meter shall be charged to the consumer
or to the owner of the premises where such meter is located, in accordance
with the schedule of repair and replacement charges on file in the
office of the Water Department. Such schedule shall be prepared by
the Borough Superintendent.
No person other than an employee of the Water Department shall
remove, replace or in any manner interfere with a meter attached to
a water pipe, used or intended to be used to supply water to any premises.
This applies whether the meter is set within or without a building.
The applicant for water service shall provide a suitable and
readily accessible place on the premises for locating the meter close
to the stop and waste valve where the service enters the building.
Under certain conditions, the Water Department may, at its option,
arrange for installation of the meter in the meter box or pit located
outside the building and as close as possible to the curb stop.
Where water is furnished by meter measurement the quantity recorded
by the meter shall be conclusive on both the applicant and the Borough,
except where the meter has been found to be registering incorrectly
or has ceased to register. In such case or cases, the quantity may
be determined by the average registration of another meter for a period
of 30 days or by the same meter for a period of 30 days after it has
been repaired and tested during a similar use period, or the quantity
used during a previous corresponding period may be used as the basis
for settlement.
[Amended 12-8-2009 by Ord. No. 2009-019; 4-5-2012 by Ord. No. 2012-007]
The Water Department will, at the request of any consumer, test
the meter upon the payment of a fee of $200, payable in advance. If
the meter is found to be fast, bills rendered will be adjusted with
the understanding that, when the test is made, the meter or meters
will record within 2% of absolute correctness upon ordinary size flows
or openings. In no case shall there be an adjustment of less than
the minimum of the annual service charge. If the meter is found to
be fast, the test fee shall be refunded to the consumer or owner.
