[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes as indicated in article histories. Amendments noted where applicable.]
Article I Establishment of Water System
[Adopted 6-23-1980 as Ch. IX of the 1980 Code]
There is hereby established in the Borough a public water system.
The water system shall be operated by the Borough as a municipal public utility, as defined in and subject to the provisions of Title 40A of the New Jersey Statutes. All fees and charges received by the Borough in connection therewith shall be kept in a fund separate from other Borough revenues, to be used only for the purposes of the municipal public utility.
The water system shall include all public water facilities which the Borough may from time to time construct, acquire and/or maintain for the purpose of the pumping, storage and distribution of water within the Borough or, by special arrangement from time to time, in areas immediately adjacent to the Borough.
As used in this article, the following terms shall have the meanings indicated:
- The Department of Public Works of the Borough of Mountain Lakes.
- DIRECTOR OF PUBLIC WORKS
- The person in charge of the Department, who shall be responsible for the enforcement of the provisions of this article.
- MAIN or MAINS
- All pipes, other than supply pipes and service pipes, used for conveying water.
- METER RATES
- Rates or prices to be charged for water, based upon the quantity consumed as measured by an approved water meter.
- Any person, firm, corporation or association, or the duly authorized agent, owning any property or premises which is or prospectively can be supplied with Borough water.
- Any tract or parcel of land with the improvements, if any, thereon.
- SERVICE PIPE
- A pipe extending from the curbline into privately owned property for supplying water thereto.
- SUPPLY PIPE
- A pipe connected to the main and extending to and including the curb stop or valve at the curbline of the street.
The water mains shall be under the exclusive control of the Department and its authorized agents and employees, and all other persons shall be forbidden to disturb, tamper with, injure, tap, change, obstruct access to or interfere with such water mains in any way. Only in the case of an emergency shall the Department perform any work after regular business hours or on legal holidays.
No person shall disturb, tamper with or install a water main without the prior consent of the Department.
All water mains installed in the Borough by any person shall be inspected and tested under the supervision of the Director of Public Works, or his duly authorized agent.
The opening of fire hydrants shall be allowed only by special permission from the Director of Public Works, or his agent, except in case of a fire. The Fire Department shall notify the Director of Public Works either before or after opening a fire hydrant.
Where pipes are provided for fire protection on any premises, fire protection apparatus may be tested only if the Department grants a special permit for testing same.
Obstruction of fire hydrants.
No person shall:
Obstruct in any manner, prevent free access to, tamper with, injure or damage any fire hydrant.
Place or store, temporarily or otherwise, any object, material, snow, debris or structure of any kind within a distance of 10 feet of any hydrant if it tends to obstruct the free access to such hydrant.
In the event that it becomes expedient to shut off the water from any section of the Borough because of accidents or fire, in order to make repairs or extensions, or for other necessary purposes, the Borough shall endeavor to give timely notice to those affected thereby, and shall, so far as practicable, use its best efforts to prevent inconvenience or damage arising from any such cause. Failure to give such notice or to receive the same shall not render the Borough responsible or liable for damages to property.
No person shall supply water to any other person by means of water pipes or conduit conveying water from without the limit of the Borough for use within the limit of the Borough without the consent of the Borough Council. No person within the limits of the Borough shall obtain water by means of pipes or conduits from any source outside the limits of the Borough for use or consumption within the Borough without the consent of the Borough Council.
Property of the Department of Public Works. Water meters are and shall remain the property of the Department and shall be at all times under the control of the Department and its employees and agents.
Use of meters. Meters shall be sealed by the Department, and no one except an authorized employee of the Department shall break or injure such seals.
Installation. Provision shall be made for the convenient installation of a meter where it shall be accessible at all times. Installation shall be made in accordance with the specifications of the Department. All Borough water used on any premises where a meter is installed shall pass through the meter.
Owner's responsibility. The owner or occupant of the premises where the meter is installed shall be responsible for the care and protection of the meter from freezing or hot water, from other injury thereto, or interference by any person or persons. In case of any injury to the meter or in case of its stoppage or imperfect working, the owner or occupant shall give immediate notice to the Department of Public Works.
No person except an employee of the Department shall remove, disconnect, repair, adjust or tamper in any way with a water meter.
Application; access to property for inspection of meter.
The application for a water connection herein provided for shall act as the consent of the applicant, owner or occupant for the Department and its employees and agents to enter the premises for inspection of the meter, or other apparatus connected with the water supply, at all reasonable hours.
Inspectors from the Fire Department, or any other person delegated for that purpose by the Director of Public Works, shall be allowed access to buildings to shut off the water supply and for the purpose of inspection, repair or replacement of meters.
Determination of meter accuracy. The accuracy of any meter shall be determined by the Department, upon written request of the owner, who shall pay in advance a fee provided for under § 111-3C to cover the cost of the test. If on such test the meter shall be found to register over 3% more water than actually passed through the meter, another meter shall be substituted therefor and the fee shall be refunded to the owner. The water bill shall be adjusted for the current term in such a manner as the Director of Public Works may decide to be fair and just.
Mandatory connection to water system. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Borough and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public water supply, are hereby required at their expense to connect directly with the public water supply in accordance with the provisions of this chapter, within 120 days after the date of official notice to do so.
[Added 9-10-2007 by Ord. No. 15-07]
Curb cocks. Curb cocks shall be opened or closed only by an authorized employee or agent of the Department.
Supply pipe shall be type K copper, three-quarter-inch diameter or larger, and all fittings used shall be Mueller, or equal thereto.
The service pipe shall extend from the curb cock to the water meter and shall be installed and maintained by the owner of the premises. There shall be no more than one service pipe connection to any supply pipe. Each premises must have its own service pipe.
Service pipe shall be inspected and approved by the Director of Public Works or his agent. It shall be of type K copper tubing buried to a depth of at least four feet, and shall have a gate valve on the inside of the building within two feet of the place where it enters the building. It shall have an approved check valve and stop and waste cock on the outlet side of the meter. All valves and fittings shall be of flared type. No solder connections before the meter shall be permitted.
Application for water supply or for the change of any existing water supply shall be made at the office of the Department of Public Works by the owner of the premises. The application shall be made upon a form furnished for that purpose. Fees as set forth under § 111-3C shall be paid.
Water shall be turned on and admitted to the premises only by an authorized employee or agent of the Department, upon notification by the Director of Public Works. When the supply shall have been cut off for any reason, except for repairs not chargeable to the owner, the water shall not be turned on again until all rentals in arrears and all other charges then due, including the fee set forth in § 111-3C for turning the water on, shall have been paid.
Requests for discontinuance of service, special meter readings or new or renewed service shall be arranged by the owner three days in advance.
The owner of any premises shall be liable for payment of the water rent for the water delivered to such premises.
Bills for water rents shall be sent to the owner of the premises only, and shall be due and payable on a quarterly schedule established by the Borough Manager.
[Amended 12-11-2017 by Ord. No. 09-17]
Rates to be charged for water consumed, and the charges for various services, shall be as established from time to time by ordinance adopted by the Borough Council.
Rates in effect shall be as set forth in § 111-3C.
If prompt payment of any water rent or rents, or for work done or materials furnished, is not made when due, the water may be shut off from such premises at the direction of the Director of Public Works until the arrears, with interest and penalties, shall be fully paid.
In additional to shutting off water, as aforesaid, and not in limitation thereof, late charges, as provided in § 111-3C, shall be added to any bill for water rent or rents or for work done or materials furnished upon the expiration of a period of 30 days from the date of billing, and a further late charge shall also be added to any such bill at the expiration of each thirty-day period thereafter during which the bill has remained unpaid.
[Amended 4-11-2016 by Ord. No. 02-2016]
[Added 5-29-2007 by Ord. No. 07-07; amended 9-10-2007 by Ord. No. 15-07]
Water restrictions. During the months of June, July, August, and September of each year, all Borough water customers are required to observe the following water use restrictions: outdoor use for lawn, tree and shrub watering shall be restricted to alternate days, with usage allowed on even-numbered days for those water customers whose dwelling or building number is even and on odd-numbered days for those water customers whose dwelling or building number is odd. Such water use shall be done only from 12:01 a.m. to 10 a.m. and from 6:00 p.m. to 12:00 midnight on the allowed days. Hand-watering of shrubs and trees is permitted anytime during the assigned watering day. Watering of new lawns, trees, or shrubs shall be permitted at any time. There should be no such outdoor water usage on July 31 or August 31. The following types of businesses or organizations shall be exempt from water use restrictions to the extent necessary to operate their businesses: nurseries, garden centers and car washes. The Borough Manager may, however, impose water restrictions upon such businesses or organizations by promulgation of a declaration specifying such restrictions.
[Amended 7-28-2008 by Ord. No. 07-08]
Declaration of water emergency. In addition to the restrictions set forth in Subsection A, whenever the Borough Manager is satisfied and finds that a water emergency exists in the Borough of Mountain Lakes, the Borough Manager may promulgate and publish a declaration that a water emergency exists in the Borough. Such declaration may impose the complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of motor vehicles; and/or any other water use restrictions specified by the Borough Manager in the declaration which are reasonable under the circumstances considering the nature and extent of the water emergency.
Regulations during water emergency. In addition to any water use restrictions set forth in a declaration promulgated by the Borough Manager declaring a water emergency, every owner, lessee, tenant and occupant of any building or premises connected with and using water from any water supply which services the residents of the Borough and every person using the water supply shall comply with the following regulations during a declared water emergency:
Maintenance of water service pipes, fixtures and connections in good order and repair, whereby there shall be no waste of water.
Completion of all necessary repairs to prevent the waste of water.
Immediate notification to the owner or the agent of the owner of any defective waste service pipes, fixtures or connections, whereby water is being wasted.
Immediate notification to the Borough Clerk or Police Department and water company representative of any waste occurring by reason of defective water service pipes, fixtures or connections.
Otherwise complying with all provisions in this section and the water use restrictions and other regulations promulgated under any declaration of emergency promulgated by the Borough Manager.
Duration of water use restrictions.
The declaration as required by Subsection B shall provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency.
At the expiration of the time period specified, the water use restrictions shall lapse and be inapplicable and unenforceable.
If the Manager shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified by declaration, the Borough Manager shall declare the water emergency ended and the water use restrictions inapplicable.
If, at the expiration of the time period specified, the Manager shall be satisfied that the water emergency continues to exist, the Borough Manager may, in accordance with the requirements of this article, continue the water use restrictions.
Enforcement of water use restrictions. The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by such local official authorized by the Borough Manager, including the Borough Police Department. Whenever a local authorized official or Borough Police Department shall find a violation of the water use restrictions, such authorized official or Borough police officer shall give the violator a written warning and explain the penalties for a second and third offense as provided for in Subsection F. The local authorized official or Borough Police Department shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official or the officers of the Borough Police Department are hereby empowered to write summonses for the violation of water use restrictions imposed pursuant to this article.
Violations and penalties. After a first offense of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the penalty imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the penalty imposed shall be $1,000 or imprisonment for 30 days, or both.
Additional water conservation provisions.
The Borough will also enact a fee scale that will rise with the amount of water that each customer consumes effective the second quarter 2007 billing.
The Borough will continue not to charge for sewer on all water that is used through a sprinkler meter, although the cost per cubic feet for water metered through a sprinkler meter will be higher than domestic water.