[HISTORY: Adopted by the Mayor and Council of the Borough of Branchville 12-7-2016 by Ord. No. 13-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 119, Water, which was comprised of Art. I, Water Rates, adopted 12-21-1983, as amended; Art. II, Tap-In Fees, adopted 2-1-1984, as amended; and Art. III, Pipe and Connection Materials, adopted 2-4-2015 by Ord. No. 03-2015.
Water rates and charges for users of water from the water system owned and operated by the Borough of Branchville shall be as follows:
A. 
Rate schedule, charges and fees:
(1) 
Rates for water usage:
[Amended 9-6-2023 by Ord. No. 05- 2023]
(a) 
First 50,000 gallons of water per year: minimum of $65 per quarter.
(b) 
All water in excess of 50,000 gallons of water per year: $3 per 1,000 gallons.
(2) 
Miscellaneous charges.
(a) 
Shut-off charge or turn-on rates for nonpayment of water charges: $45 per call between 7:00 a.m. and 3:30 p.m. Monday through Friday; $60 all other times and on holidays, plus all out-of-pocket and third-party charges incurred by Borough.
(b) 
Charges for shut-offs related to leak potential, construction at customer's premises, change in use or increase in water usage, winterization or protection of premises/water supply from elements: $45 per call between 7:00 a.m. and 3:30 p.m. Monday through Friday; $60 all other times and on holidays, plus all out-of-pocket and third-party charges incurred by Borough.
(c) 
Charge for repair to frozen meters: $45 per call between 7:00 a.m. and 3:30 p.m. Monday through Friday; $60 all other times and on holidays, plus all out-of-pocket and third-party charges incurred by Borough.
(d) 
Installation and purchase of all meters after the first meter: $45 per call between 7:00 a.m. and 3:30 p.m. Monday through Friday; $60 all other times and on holidays, plus all out-of-pocket and third-party charges incurred by Borough.
(e) 
No new water installation will be made between November 30 and April 1 if a road has to be opened.
(f) 
Each owner of a rental apartment shall pay for each apartment at the same rate that is charged for a single-family house. For example, if there are five apartments, the quarterly fee will be $45 times five, or $225. When there is a single service for more than one apartment, the owner of the apartments will also be responsible for the cost of water in excess of 50,000 gallon per year times the number of apartments, at the rate of $2 per 1,000 gallons.
(g) 
Interest at the rate equal to the interest rate on delinquent real estate taxes will accrue on and must be paid for all water use charges, of any type, and all connection fee charges of any type, that are not paid within 30 days of billing. In addition, the user will pay all counsel fees and court costs incurred by the Borough for collection of any past-due charges or fees.
(3) 
Connection fees for initial connection.
(a) 
Connection fees will be uniform with each class of users and the amount of the connection fee will be equal to the actual cost of the physical connection plus an amount computed in accordance with N.J.S.A. 40A:31-11.
[1] 
The portion of the connection fee to be computed in accordance with N.J.S.A. 40A:31-11 will initially be as follows:
[a] 
Connection fees for connections to properties within the Borough are $3,000 and include 5/8 inch by 3/4 inch meter.
[b] 
Connection fees for connections to properties outside the Borough are $6,000 and include 5/8 inch by 3/4 inch meter and added assessment if required by the Borough Council.
[2] 
The portion of the connection fee computed in accordance with N.J.S.A. 40A:31-11 shall be computed at the end of each budget year after a public hearing is held and must be paid when application for connection is made. The portion of the connection fee relating to the actual cost incurred by the Borough for the connection will be calculated after the connection is complete, and must be paid within 30 days of receipt of the bill from the Borough. The recomputed connection fee will be imposed upon those who subsequently connect during that budget year to the water system. Pursuant to N.J.S.A. 40A:31-11, the intent of this chapter is to have each connection fee represent a fair contribution towards the cost of the system. The connection fee described in this section applies to the initial connection of a premises to the Borough's water supply system.
(b) 
The Borough will not perform, or be responsible for, any mark outs, except for mark outs between the water main and the curb box.
(4) 
Additional charges for change in use of existing premises or increase in use of water by existing premises.
(a) 
For any increase in size of a preexisting water supply service required for any reason, including, but not limited to, expansion of existing premises, or change of use in existing premises, there will be an upgrade fee when the new use requires a sprinkler system or when any other aspect or component of service or materials will be different from a normal, residential service in complexity, size, shape, or expense. The upgrade fee for all such changes shall be set by the Borough Council after review of the application for the change, the plans and specifications for the proposed water service, and the estimated third-party expenses of the Borough as well as the labor, materials, and services to be provided by the Borough for the proposed change.
B. 
The rate schedule shall be effective for the first quarter beginning 2017.
C. 
The approval issued by the Borough for connection to the Borough water supply will expire 52 weeks after the Borough's issuance of the approval letter. Expired approvals will be subject to renewal for a period of 52 weeks each; however, a new connection fee for each renewal must be paid based upon the connection fee in effect when each renewal request for water connection is received. If a connection fee was paid with prior requests for a connection, the applicant must also pay, with each renewal application, the difference between the connection fee in effect when the renewal request is submitted and the total connection fees paid with the prior requests.
[Added 5-4-2022 by Ord. No. 05-2022]
In the event that any meter is not read for the quarter for any reason, billing shall be made on an estimated basis, and any additional moneys due for water use will be billed after the reading of the meter.
Employees of the Water Department of the Borough of Branchville are authorized to enter upon private property for the purpose of reading water meters at any time during the hours of daylight, after first making known to the occupant thereof their duties and intentions.
The provisions in the rate schedule for nonresidents are not to be construed as a commitment to provide water service for persons residing outside the Borough of Branchville. The Borough reserves the right to accept or reject, in its sole discretion, any request of a nonresident to connect to the Borough water supply. All applications for services outside the Borough of Branchville may be considered on an individual basis after reviewing the condition and capacity of the water system as well as the estimated water demand, present and future, of the residents of the Borough of Branchville. No approval for connection to any premises outside of the Borough will be given until the applicant provides written proof of consent and approval of the water supply connection from the municipality in which the applicant's premises is located, and the applicant establishes to the satisfaction of the Borough that the Borough will continue to have the same collection and lien rights and priorities against the premises as are stated in § 119-7 of this chapter. The Borough's approval of any connection for water supply to nonresidents shall be subject to such terms, conditions, agreements, and lien and collection rights as the Borough Council may determine in its sole discretion.
A. 
Water delivered to any premises shall not be resold by the water customer or transferred to a third party without the prior written consent of the Borough, which consent may be withheld by the Borough in its sole discretion, for any reason or no reason.
B. 
Water shall not be drawn from any fire hydrant within the Borough without the prior written approval of the Borough following the filing of a written application for said approval. Water taken from hydrants shall be metered. Rates for said water usage from a hydrant shall be set by the Council on an annual basis.
C. 
The aforesaid approval and application requirement will not apply to emergency needs for water by fire departments for fire service, by the Office of Emergency Management, and by the Borough, Director of Public Works; however, in each instance, and to the extent possible, the Mayor and Borough will be notified promptly regarding the need for said emergency use of any hydrant for water supply.
There is hereby established the position of Borough Water Utility Collector for the Borough. The Water Utility Collector shall, prior to his or her appointment, be qualified by training and experience in municipal revenue collection methods and procedures. The Water Utility Collector will be an "at will" employee who will serve at the discretion of the Council.
A. 
The duties of the Water Utility Collector shall include, but not be limited to:
(1) 
Compute and record water charges to consumer accounts from meter readings and other information furnished by the Department of Public Works according to the rates duly established by the Borough Council.
(2) 
Render bills for water and miscellaneous charges to consumers, receive payments on account thereof, collect delinquent accounts, and report the names of delinquent accounts which are more than two months past due to the Mayor and Council.
(3) 
Maintain adequate books and records to record all charges, payments, credits, and delinquencies in water and miscellaneous accounts. Provide to the Mayor and Council, on a monthly basis, reports of all charges, payments, credits, and delinquencies in water and miscellaneous accounts.
(4) 
Water Utility Collector shall make such periodic reports and accounting of the funds collected and received and deposited for water and miscellaneous accounts as the Mayor and Council may require and which reports and accountings shall be viewed as a public record with the Municipal Clerk.
(5) 
Perform such other duties as directed by the Mayor and Council. The Water Utility Collector shall report directly to the Mayor and Council. Nothing in this chapter shall create a contractual obligation of the Borough or tenure rights in favor of the Water Utility Collector.
A. 
Unpaid user or service charges, fees, and rents of any type shall begin to accrue interest 30 days after the date for the payment thereof, and shall be a first lien against the premises until paid in full. The Borough may exercise the remedies for the collection of such unpaid user or service charges, fees, and rents with interest, costs, and penalties as provided in N.J.S.A. 40A:31-12 and as it has by law for the collection of taxes upon real estate.
B. 
The owner of each premises will be held responsible for the water charges of their tenants since the water charge is a lien on the property.
C. 
If a bill remains unpaid for a period of 30 days after the billing date, it may be classed as delinquent and, upon 10 days' notice to the property owner, service may be discontinued. Said written notice shall be mailed by regular mail to the owner of record of the property as shown on the tax assessment records. If service is thus discontinued, it will be restored the next business day after all bills, statutory interest, and the required service fee, as set forth in the Borough's Fees Schedule, are paid. In any event, if a user account has been deemed delinquent, user charges and interest, if any, shall continue to accrue until such time as all delinquent charges, interest thereon and applicable service fee(s) have been paid.
[Added 10-6-2021 by Ord. No. 07-2021]
A. 
All materials used for the installation of service pipes and service connections shall be in accordance with the following:
(1) 
Service shall be not less than three-quarter-inch inside diameter copper tubing meeting the requirements of ASTM Specification B88-49 Government Type K, or larger as required. The tubing shall run from the curb stop to the meter yoke.
B. 
This section shall be enforced by the Construction Official of the Borough of Branchville.