[Adopted 8-1-1974 by Ord. No. 74-5 (Sec.
9-4 of the Revised General Ordinances)]
A.
The water supply system and Sewer Department of the
Borough of Barnegat Light shall hereafter be known collectively and
designated as the "Borough of Barnegat Light Water and Sewer Department"
and shall be governed and managed by the Borough Council of the Borough
of Barnegat Light pursuant to the provisions of the revised statutes
of New Jersey.
B.
The Borough of Barnegat Light is a part of the district
of the Ocean County Utilities Authority adopted by Ordinance No. 73-7
on December 20, 1973. Therefore, the Borough of Barnegat Light shall
be subject to the conditions and regulations as set forth in an agreement
dated December 26, 1973, between the Ocean County Utilities Authority
and the Borough of Barnegat Light, a municipal corporation, and which
is on file in the office of the Borough Clerk. A copy of said agreement
is annexed hereto and made a part hereof without the inclusion of
the text thereof herein.
[Amended 7-16-1997 by Ord. No. 97-8]
C.
The Department shall, at the discretion of the Borough
Council, make such alterations, extensions, additions and improvements
as shall from time to time be deemed necessary.
[Amended 7-16-1997 by Ord. No. 97-8]
D.
The Department shall be responsible for all maintenance
and operational costs and expenses of the water and sewer systems
owned by the Borough.
E.
The Borough Council shall, from time to time, establish
such charges, rentals, rates, fees, rules and regulations to the benefit
of the Department as may be deemed necessary and proper.
A.
The water and sewer works and all mains and appurtenances
thereto shall be under the supervision and control of the Borough
Council through the Superintendent for the Water Department and the
Borough Engineer for the Sewer Department, and no person other than
the Superintendent and Borough Engineer for each Department, or his
duly authorized agent or other employee designated by the Borough
Council, shall be permitted to tap or make any connection with the
main for distribution of water or with the Borough's sewer collection
system.
B.
No person except the Borough personnel as designated in Subsection A above for each division or his authorized agents shall open or use the curb box located in front of his premises or make connection to any part of the sewer system or open any public hydrant unless permission from the Borough employee in charge is first obtained therefor.
C.
The Water Superintendent and Borough Engineer concerned
or the authorized agents thereof or any authorized agent of the municipality
shall at all reasonable hours have free access to all parts of any
premises to which water and sewer services are supplied or connected
for the purpose of inspection, examination of fixtures, reading, installing,
removing or exchanging meters or doing anything in connection with
said water and sewer installation for the purpose of protecting the
interest of the Borough therein, and any person who shall resist or
refuse such access shall, upon conviction, be subject to the penalties
hereinafter prescribed as for any other violations of this article.
D.
No agent or employee of the municipality shall have
the authority to bind it by any promise, agreement or representation
not provided for in this article, supplemental resolutions or rules
and regulations of the Department, unless such authority is in writing
signed by the proper person designated by the Borough Council.
[Amended 11-10-1988 by Ord. No. 88-14]
Responsibility for installing the water and sewer service line from the premises to the Borough's water service line and to the Borough's sewer collection system, respectively, shall be on the owner. Before the service lines are connected to the Borough's water system and to the Borough's sewer collection system they shall be inspected, as well as the actual connection thereto, by an employee of the Borough as designated in § 153-2A of this article.
[Amended 9-14-1984 by Ord. No. 84-11]
A.
The Borough Council may at any time restrict or regulate
the quantity of water used by consumers in case of scarcity or if,
in the judgment of the Borough Council, such restriction or regulation
may be necessary for the safety of the community in the event of fire
or other emergency, and, where necessity demands, the Borough Council
may shut off the water supply in order to make repairs, and the Borough
shall not be liable under any circumstances for the deficiency or
failure in the supply of water, whether occasioned by the shutting
off of water or for any other cause whatsoever.
B.
No persons shall draw water from the Borough water
system for the purposes of water jets for the installation of pilings,
sheeting, well points or any other device or structure.[1]
C.
The Borough Council shall at all times have the right,
upon recommendation of the Superintendent of the Water Division, to
curtail the use of water for nonessential purposes whenever a water
shortage is created or is likely to be created, in the opinion of
the Superintendent of the Water Division, for any purpose whatsoever,
and, upon resolution duly adopted by the Borough Council authorizing
the same, the Mayor may issue a proclamation to this effect, which
shall become binding and effective upon all users of said water at
the expiration of 24 hours from the time said proclamation is then
issued, and thereafter any person who shall violate or use water contrary
to said proclamation shall be deemed to have violated this article
and shall be subject to the penalties hereinafter prescribed for such
violation.
(1)
Such proclamation, however, shall specify the length
of time that the same is to be in effect, and no such proclamation
shall be effective for more than 30 days at a time, and, if at the
end of the thirty-day period no further proclamation is issued, then
the same shall expire at either the time set forth in the proclamation
or at the end of 30 days from the date thereof.
(2)
Nothing, however, herein contained shall be construed
so as to prevent interruption of service in the event of an emergency
or catastrophe, and the municipality shall in no event be responsible
for such interruption of service, either directly or indirectly, by
reason of such emergency or catastrophe, and no deductions shall be
made in any of the rates or charges by reason of such interruption.
Cesspool, septic tank, privy vault, subsoil
or cellar drains, rainwater or surface drains shall not be connected
with the sewer system or any part thereof.
[Amended 7-16-1997 by Ord. No. 97-8]
The Borough Council, through the Borough Engineer
or his duly authorized agent or other employee designated by the Borough
Council, shall enforce the conditions, requirements and regulations
as set forth in the agreement dated December 26, 1973, between the
Ocean County Utilities Authority and the Borough of Barnegat Light,
a municipal corporation,[1] and as further stated in § 153-1B of this article, and any person who shall not comply with said conditions, requirements and regulations shall, upon conviction, be subject to the penalties hereinafter prescribed as for any other violation of this article.
[1]
Editor's Note: Said agreement is on file in
the Borough offices.
[Amended 11-10-1988 by Ord. No. 88-14]
No construction of any premises, building or
structure shall be commenced unless provision is made for adequate
water and/or sewer facilities by connection to the Borough system.
Any person desiring to obtain water or make
use of the water or the sewer system of the Borough shall first make
application therefor at the Water and Sewer Office, Borough Hall,
Barnegat Light, New Jersey, upon a form provided for this purpose
by the Borough Council stating the location of the premises to be
serviced and the purpose for which the water or sewer is to be used
and, in the case of the use of the sewer for other than domestic purposes
from a residence, shall specify the type of sewage intended to be
discharged into the mains and the fixtures to be supplied, and the
applicant shall agree to abide by all the rules and regulations relating
to the use of water and sewer systems now in force or later to be
established by the Borough Council and further agree to use the water
and sewer for no other than a legitimate purpose expressed in the
permit.
[Amended 6-13-1977 by Ord. No. 77-4; 11-13-1978 by Ord. No.
78-13; 5-14-1979 by Ord. No. 79-12; 9-14-1984 by Ord. No. 84-8; 11-10-1988 by Ord. No. 88-14; 2-16-2005 by Ord. No. 05-3]
Connection fees shall be required for all new
construction upon vacant land, construction upon newly-created subdivision
lots, or any increase in the size of the service line. At the time
the applicant makes an application for a permit to connect to the
water and/or sewer system, the applicant shall deposit, as payment
for the permit, the sums set forth below:
[Amended 6-13-1977 by Ord. No. 77-4]
Upon the appropriate fees being paid and the
proper application being made as aforesaid, an appropriate permit
shall be issued by the Water and Sewer Office.
[Amended 3-10-1975 by Ord. No. 75-2; 6-13-1977 by Ord. No.
77-4; 5-14-1979 by Ord. No. 79-12; 11-10-1988 by Ord. No. 88-14]
Each house must have a separate water and separate
sewer service pipe from the dwelling to the water service line and
to the sewer collection system.
A.
Sewer installations; piping used.
(1)
Polyvinyl chloride (PVC) sewer pipe.
(a)
All pipe shall be best quality unplasticized
polyvinyl chloride (PVC) sewer pipe, with joints providing flexibility
and watertightness under service conditions. Pipe shall be in accordance
with ASTM Specification D3034-73 and shall meet the requirements for
the extra-strength minimum of the SDR-35 section of the above-noted
ASTM specification. Lengths of pipe shall not exceed 12 1/2 feet.
Joints shall be of the bell-and-spigot type with rubber ring seal.
The bell shall consist of an integral wall section with a solid cross
section rubber ring and ring groove so designed to prevent ring displacement.
All jointing shall be in accordance with the manufacturer's recommendations.
(b)
Connections to building drains shall be made
utilizing approved adapters, if required.
(2)
Cast-iron sewer pipe.
(a)
All cast-iron sewer pipe shall be extra-heavy
soil pipe meeting the specifications of the Cast Iron Soil Pipe Institute.
All pipe shall be furnished in nominal five-foot lengths. All extra-heavy
cast-iron soil pipe and fittings shall receive a foundry coal-tar
dip on both interior and exterior surfaces. Joints shall be of the
compression rubber-gasket type. All jointing shall be in accordance
with the manufacturer's recommendations.
(b)
Connections to building drains shall be made
utilizing approved adapters, if required. Connections to existing
PVC building sewers installed to within 10 feet of the property line
shall be made utilizing approved adapters.[1]
[1]
Editor's Note: Former Subsection 9-4.16(a)(3),
Asbestos-cement sewer pipe, which immediately followed this subsection,
was deleted 7-16-1997 by Ord. No. 97-8.
B.
Water service connection to house.
(1)
Pipe to be used for water service connection shall
be a minimum three-fourths-inch diameter "K" copper tubing. After
the pipes are laid, backfills shall be made and carefully tamped to
grade. Before the pipe is connected, the same shall be approved by
the Borough's Plumbing Inspector or his authorized agent.
[Amended 7-16-1997 by Ord. No. 97-8]
(2)
Where possible, the depth of the water service shall
be a minimum of 36 inches below grade line.
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 the water rent,
and if the water shall be cut off from said premises, the same shall
not be again turned on until the rent or charge due and all expenses
of cutting off and turning on the water shall be paid in full.
[Amended 5-14-1979 by Ord. No. 79-12; 11-10-1988 by Ord. No.
88-14]
Each owner of premises shall immediately connect
all water and sewer facilities on the premises to the Borough's service
line and/or the sewer system immediately upon the service becoming
available and use such service at all times.
[Amended 7-11-2018 by Ord. No. 2018-09; 2-12-2020 by Ord. No. 2020-02]
A.
All service pipes connected to the water curb box and sewer system
shall at all times be kept in good order and repair by the owner of
the property at his own expense, and on failure to do so within 10
days the water and sewer may be cut off and kept cut off until such
pipes shall be put in good order by the Borough (at the owner's expense);
and the repair and the expense of cutting off and turning on the same
shall be paid by the owner to the Borough. The Borough shall maintain
and repair the water and sewer supply to the street as well as the
water curb box and the lateral from the main line to the curb.
B.
No person, property owner, contractor or other party shall damage
or cause to be damaged the water or sewer supply lines of the Borough
from the curb to the water or sewer main in the street.
[Amended 2-12-2020 by Ord. No. 2020-02; 11-4-2020 by Ord. No. 2020-16]
A.
Water being furnished through meters shall be approved by the Borough
Council, and title to all meters attached to any lines through which
water is supplied by the Borough shall at all times remain and be
the property of the Borough, notwithstanding that the user shall pay
a charge for the installation of the same. All meters shall be under
the supervision of the Superintendent of the Water Division and shall
be so located so as to be easily read and shall at all times be safe
from damage and freezing.
B.
No person except duly authorized agents of the municipality working
under the supervision of and under the direction of the Superintendent
of the Water Division or any other duly authorized agent of the municipality
shall set or remove meters or attempt any repairs on the same; provided,
however, that licensed plumbers may set or remove meters upon obtaining
written permission from the Superintendent of the Water Division to
do so. Should any meter be broken or damaged by frost or otherwise
by the neglect or carelessness of the persons having the use of said
meter, the same shall be repaired or replaced, as the case may require,
by the Borough at the expense of the owner of the premises; access
to the area to be repaired or replaced must be provided by the property
owner within 10 days of the event making the repair/replacement necessary.
(1)
For all new residential construction, changes of ownership, replacements
of water service and/or major renovations/substantial improvements
(exceeds 50% of value of building) of existing residences, the owner/seller
shall be required to supply and install a meter pit, a water meter
and assembly in accordance with the rules, regulations and specifications
of the Borough Water Department.
C.
The owner of premises or occupant shall notify the Superintendent
of Water Division of any damage to or the nonworking of any meter
as soon as knowledge is had of the same.
D.
Water furnished by meter measurement indicating the quantity recorded
by it shall be conclusive on all parties, except when the meter has
been found to be registering incorrectly or has ceased to register.
In such case, the quantity used may be determined by the average registration
of another meter for a thirty-day period or of the same meter, after
repairs, for a thirty-day period, or the quantity used during a previous
corresponding period may be used as the basis for the settlement,
if so determined by the Superintendent of the Water Division.
E.
The Superintendent of the Water Division, at the request of any consumer,
will test the meter in the presence of the consumer or his agent.
If the meter proves to be faulty the same shall be replaced or repaired
by the municipality.
F.
No person shall remove, replace or in any manner interfere with a
meter attached to a water pipe unless he is a Water Department employee
or a licensed plumber duly authorized to do so in writing.
G.
Any person who shall fail to comply with the Borough's rules and
regulations regarding the installation of new water meters within
the time limitations established by the Borough shall be subject to
a fine in an amount not less that the cost of a new water meter purchased
by the Borough for the benefit of all water users and/or the cost
of installation of the same.
H.
Installation of water meter by Borough at owner's cost and expense;
lien assessment. If any owner fails to obtain the new water meter
provided by the Borough on or before the time prescribed by the Borough
Council shall have the right to arrange for the installation of the
same by or under the direction the Water Superintendent of the Borough.
In all such cases, the officer of the municipality in charge of the
installation of said meter shall certify the cost thereof to the governing
body. Upon receipt of the certificate of cost, the governing body
shall examine the same and, if found correct, shall cause the cost
as shown thereon to be charged against the property. The amount so
charged shall become a lien upon such lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced in the same manner as taxes.
I.
In addition to all other penalties set forth herein, there shall
be assessed against any person and/or water-sewer account a penalty
of $100 per week or part thereof for the failure to activate a newly
installed water meter within the time limitations established by the
Borough.
[Added 6-9-2021 by Ord.
No. 2021-10]
A.
No person shall make any increase or extension to
any water or sewer service pipes by which Borough water is supplied
or sewage is disposed of without first obtaining a written permit
from the municipality to do so.
B.
Report required on work to be performed. Every person,
including plumbers, builders, owners or their agents, shall make a
full and complete return to the Borough prior to the installation
of any addition, alteration, repairs or connections made to either
water or sewer pipes and giving in detail the work to be performed
and the location of the same, who will do the work and when it will
be completed.
[Amended 5-14-1979 by Ord. No. 79-12]
C.
Applications for extension of water and sewer distribution
systems may be approved only where sufficient demand for service warrants
the same.
[Amended 10-14-1975 by Ord. No. 75-7; 5-14-1979 by Ord. No.
79-12; 9-14-1984 by Ord. No. 84-8; 12-14-1984 by Ord. No. 84-14; 3-9-1987 by Ord. No. 87-5; 4-15-1998 by Ord. No. 98-8; 4-21-2004 by Ord. No.
04-5; 2-16-2005 by Ord. No. 05-3; 12-17-2008 by Ord. No. 08-20; 1-20-2010 by Ord. No. 2010-01; 12-21-2011 by Ord. No. 2011-09; 1-18-2012 by Ord. No. 2012-01; 3-9-2022 by Ord. No. 2022-03; 11-9-2022 by Ord. No. 2022-13]
The following rates, fees and charges shall be made and collected
for the services and facilities of the comprehensive water system,
commencing the service year of 2023:
A.
As of January 1, 2023, all commercial and residential establishments
shall be metered and the owner must bear the cost of meter, installation,
and any and all repairs and maintenance of such meter or meters.
B.
Commercial properties. The following water rates shall apply to commercial
properties/users:
(1)
Commercial property/user flat fee: $350 per year ($87.50 per quarter).
For each additional commercial unit, whether contained in a multiunit
structure or mixed-use project, there shall be an additional commercial
user flat fee of $350 per year ($87.50 per quarter).
(2)
Commercial property/user gallonage use fee. In addition to the flat
fee noted above, commercial properties/users shall be charged for
gallonage use at the rate of $0.00268 per gallon of water used in
excess of 14,000 gallons.
C.
Residential properties. The following water rates shall apply to
residential properties/users:
(1)
Residential property/user flat fee: $300 per year ($75 per quarter).
For each additional dwelling unit, whether contained in a duplex,
apartment, condominium or other multifamily structure or mixed-use
project, there shall be an additional residential user flat fee of
$300 per year ($75 per quarter).
(2)
Residential property/user gallonage use fee. In addition to the flat
fee noted above, each residential dwelling unit user shall be charged
for gallonage use at the following rates, calculated quarterly:
|
Gallonage Use
|
Rate
|
|---|---|
|
0 to 14,000
|
$0.00100 per gallon
|
|
14,001 to 25,000
|
$0.00180 per gallon
|
|
25,001 to 50,000
|
$0.00268 per gallon
|
|
50,001 to 150,000
|
$0.00550 per gallon
|
|
150,001 to 300,000
|
$0.00810 per gallon
|
|
Over 300,000
|
$0.00950 per gallon
|
(3)
Notwithstanding any provision to the contrary, effective January
1, 2023, all new residential construction, and major renovations to
any structure, including residential dwelling units, shall install
remote-read water service connection meters and meter pits, in accordance
with the specifications adopted by the Borough Superintendent. No
certificate of occupancy for any such new construction or renovation
shall be issued until a certification of the installation of the appropriate
water meter is provided by the Borough Superintendent to the Construction
Code Official. For the purpose of this subsection, "major renovation"
shall mean any repair, reconstruction, rehabilitation addition, or
other improvement of a structure, the cost of which equals or exceeds
50% of the assessed value of the structure either before the improvement
is started or if the structure has been damaged and is being restored
before the damage occurred. Substantial improvement is commenced when
the first alteration of any structural part of the building is begun.
(4)
All water service connection meters and equipment shall be obtained
from a vendor with specifications provided by the water/sewer department.
(5)
Water connection activation/reinspection fee: $50 (per occurrence).
(6)
Turn-off fee: $175 (for the first hour or part thereof), plus $200
per hour for each hour or part thereof after the first hour.
D.
Water service charges for all commercial and residential properties
shall be billed and payable quarterly. Payment shall be due on the
15th of the month following the quarter. All quarters shall have a
ten-day grace period before interest charges begin to accrue. Interest
charged on late payments shall be calculated from the due date. In
the event of unforeseen circumstances, the Mayor and Borough Council
may adjust the due dates and grace periods as determined by resolution
of the governing body.
[Amended 12-8-1980 by Ord. No. 80-12; 4-15-1998 by Ord. No.
98-8; 4-21-2004 by Ord. No. 04-5; 2-16-2005 by Ord. No. 05-3; 4-8-2015 by Ord. No. 2015-004; 2-12-2020 by Ord. No. 2020-02]
Persons desiring to discontinue the use of water services shall
give notice, in writing, to the Water and Sewer Office with a request
that the service be shut off and discontinued, and upon such application
being made, a special meter reading shall be made within three working
days of such request, and the amount due shall then be calculated
to the date of such reading, and, upon payment of the amount due,
plus the sum of $75 for the special reading and the expense of shutting
off the meter, the service will be shut off. In the event that the
shutoff is required outside of the Borough's normal business hours,
the charge will be $200. All fees shall be paid to the Water and Sewer
Office. In addition, special water meter readings will be made upon
written request to the Water and Sewer Office, where service is not
desired to be discontinued, upon payment to the Water and Sewer Office
of a fee of $25 for each special meter reading.
[Amended 5-14-1979 by Ord. No. 79-12; 4-8-1983 by Ord. No.
83-5; 3-9-1987 by Ord. No. 87-3; 3-15-2000 by Ord. No. 00-3; 2-21-2001 by Ord. No. 01-2]
A.
Water charges shall be billed annually in two equal
1/2 installments for April 15 and September 15 each year. All water
statements shall be due and payable no later than April 15 and September
15, respectively, of each year. Any April 15 statements not paid by
April 25, and any September 15 statements not paid by September 25,
shall be considered delinquent and subject to interest. Excess water
charges in a period shall be added to and be paid annually in the
succeeding statement.
B.
In regard to new structures, the water statements
shall reflect that portion of the billing period from the date of
the issuance of a certificate of occupancy for the subject structure.
[Amended 11-4-2020 by Ord. No. 2020-16]
The Borough reserves the right to turn off the supply of water
in the following cases:
A.
For nonpayment of fees therefor or any charges that may stand against
any premises supplied.
B.
For fraudulent representation on the part of the consumer.
C.
For use of water for other purposes than those stated in the application
or permit.
D.
For tampering or in any way interfering with the mechanism of any
meter installed on any premises.
E.
For persistent violation of the Borough's rules and regulations.
F.
For failure to obtain and/or install a new water meter as required
by the Borough within the time prescribed by the Borough for the same.
[Amended 3-10-1975 by Ord. No. 75-2; 4-21-2004 by Ord. No.
04-5]
A.
Water charges shall be billed annually in two equal
1/2 installments for April 15 and September 15 each year. All water
statements shall be due and payable no later than April 15 and September
15, respectively, of each year. Any April 15 statements not paid by
April 25, and any September 15 statements not paid by September 25,
shall be considered delinquent, and the Tax Collector is hereby directed
to charge and collect interest at the prevailing rated fixed for interest
for delinquent real estate taxes from the time of such delinquency
until paid. Where any bill or part thereof has become delinquent and
remains unpaid for six months, then upon certification by the Tax
Collector to the Borough Council, the Borough Council may direct its
proper employee to discontinue the service water and/or sewer facilities,
or both, to such customer, and the service shall not be restored by
the Borough until the Tax Collector shall certify that he had received
payment in full for the bill rendered, together with any interest
thereon, together with the payment of $50 to cover the cost of restoring
the service.
[Amended 5-21-2004 by Ord. No. 04-17]
B.
The owner of any house, building or lot shall be liable
for the payment of water and sewer charges and for the installation,
lease, repair and testing of any water meter or water meters, water
and/or sewer service, connections, appliances or parts and renewals
thereof heretofore or hereafter furnished or made by the municipality
in or upon such house, building or lot or connecting with such house,
building or lot and the interest and penalties charged. Such charges
or other costs, expenses, interest and penalties as fixed herein shall
be a lien upon said house, building and/or lot until the same shall
be paid, satisfied and enforced in the sane manner as liens for real
estate taxes.
The Borough Council shall have the right to
alter or repeal this article or any provisions thereof, to change
rules and regulations and the fees and charges for the use of the
water from time to time, to make special rates or contracts in all
proper cases, to shut off the water for alterations, extensions, repairs
or other necessary purposes of the water works and to cut off and
restrict the supply of water whenever it may be found necessary or
for the neglect or refusal of the owner or occupant of the premises
to comply with the provisions of this article.
The Borough Council may make such rules and
regulations by resolution as may be expedient for the proper and efficient
administration of the Water and Sewer Department.
[Amended 2-12-2020 by Ord. No. 2020-02]
The municipality shall not be liable for any damage caused by
increased pressures being put on the mains during the time of fires,
drills by the fire company or any other time, and no person shall
be entitled to damages or rebate of any portion of payments due for
any stoppage of supply occasioned by accident, addition or repair
to any part of the water or sewer system.
