Borough of Franklin, NJ Water

The owner of any property serviced by the Borough's water system shall be responsible for the payment of all water service charges, rates, rentals, connection fees, interest, penalties, expenses and/or other charges as well as costs incurred for the connection installation, repair and/or testing of any water meter, water service, connection, appliances, parts and/or removals thereof furnished by the Public Works Department on the owner's property. Such charges shall be a lien against the property upon Borough Council resolution pursuant to N.J.S.A. 40A:31-12. The owner shall remain responsible even if a tenant occupies the property.

If a bill remains unpaid for a period of 30 days after it is issued, it shall be classified as delinquent and upon five days' notice to the property owner, service may be discontinued. If service is discontinued, it will not be restored until all unpaid bills including statutory interest and reconnection charges have been paid in full.

Water connection required on adjacent lands. The owner of any house, building or structure requiring water service accessible to the water distribution system of the Borough by reason of the location of the premises adjacent to the water distribution system is available shall be required to be connected to the water distribution system otherwise available to the person. Such person shall make application for the water connection within 10 days after notice by the Public Works Committee that such water supply is available for the premises.

Payments to be made to Borough. Payments for the use and consumption of water and for all other fees and charges incurred shall be paid to the water and sewer collector for the Borough of Franklin.

Quarterly billing. All bills for continuous service shall be rendered quarterly, and no bill will be rendered for less than the minimum charge for time elapsed. For metered service, bills will be rendered for the quarter terminating as to the last day of the quarter. If bills are not paid on such date, a penalty will be applied. No interest shall be charged if payment is made within 10 days after the first of the month upon which the same became payable. The owner shall remain liable for all charges for buildings which are unoccupied unless written notice of said unoccupancy is given at the time such building becomes unoccupied.

§ 270-3 Application for service connections.

[Amended 3-8-2016 by Ord. No. 6-2016]

Application. Application for connection to the water distribution system shall be made in writing to the Public Works Committee on a form to be furnished by the Committee and signed by the owner of the property or by an authorized agent, together with a plan of the proposed water service. The service connection charge as hereinafter provided shall be paid at the time the application is made.

Use of water for building construction. Persons desiring the use of water for building construction shall make application in the legal way for service. Under no circumstances shall water for building construction be taken from the fire hydrants of the Borough. A flat rate depending upon the type and size of the building will be made for water used in building construction unless the Public Works Committee shall require the water to be metered. The minimum flat rate charge for such building will be payable in advance. The Committee reserves the right to regulate the purpose for which the water may be used during construction and may, at its option, require the water to be metered, in which event meters shall be rented from the Committee and charged for at regular rates for meters.

Notice for connections. At least 48 hours' notice, excluding Saturdays, Sundays and legal holidays, shall be given to the Committee before any connections shall be made.

Tapping water mains. The tapping of the main shall be done and the corporation stop and the service lines from main to curb, curb stop and curb box shall be furnished and installed by the Committee or its agents at the expense of the applicant with the minimum charges as set forth in Chapter 119, Fees.

No taps smaller than 3/4 inch will be made.

Any expense incurred by the Committee in excess of the above charges shall be paid by the applicant.

There will also be an inspection charge.

Installation by applicant. With the consent of the Committee the applicant may tap the main and install the service pipe and connections, providing the same shall be done by qualified personnel at the sole expense of the applicant and under the supervision of the Committee or its Superintendent or duly authorized representative. No street openings shall be made except upon the consent of the Public Works Committee and subject to such terms as it and the Borough Council may impose and upon notice to the Borough Road Department.

§ 270-4 Service lines.

[Amended 3-8-2016 by Ord. No. 6-2016; 10-13-2020 by Ord. No. 13-2020]

Installation by plumber. Installation of service lines from the curb stop, or repair work thereon, shall be performed by a plumber duly qualified to perform such work, at the expense of the applicant. All service connection pipe shall be installed at least four feet below the surface. No rigid connection to any other water distribution system shall be made.

Manner of connections.

The service connection shall, as far as practicable, be installed at right angles to the main and in a straight line to the meter. There shall be no attachment thereon from which water may be drawn between the main and the meter.

Service pipe shall be installed only through the property of the applicant, unless the applicant shall enjoy an easement or right-of-way for such purpose in writing, duly recorded.

Water pipe shall not be installed in the same excavation or trench with sewer pipe unless the same is separated by at least two feet.

All service connection pipe from the main shall consist of Type K copper tubing and shall be installed and maintained by the owner. The copper tubing shall not be less than 3/4 inch in size for all domestic lines and of such larger size as shall be designated by the Committee for commercial and industrial buildings and multiple residences.

Inspection. The completed line shall remain open until inspected and approved by the Committee. At least 24 hours' notice shall be given the Public Works Superintendent for the purpose of inspecting and approving the work. There will be an inspection fee.

Maintenance by owner. The owner shall be responsible for the maintenance of the service line from the property line to the interior of the building and shall keep the same in good repair and protect it from damage due to frost or other causes. All leaks in the service lines shall be reported promptly to the Public Works Superintendent and repaired by the owner. The owner shall be liable for water escaping from such leaks at a charge to be estimated by the Public Works Committee based upon the estimated quantity of water escaping. If repairs are not so made, the Public Works Superintendent may shut off the water and may refuse to turn it on again until the line is put in serviceable condition. No person except an employee of the Borough shall turn water on or off at the curb stop.

Single tap service for multiple structures. No service connection shall be permitted to serve two or more buildings or structures from a single tap, except upon a special permit granted by the Public Works Committee, and, if granted, a separate and distinct curb stop and box shall be provided for each building or structure.

§ 270-5 Application for water service.

Form of application for service. Application for water service shall be made on forms prescribed by the Committee and signed by the owner of the property or by his authorized agent.

[Amended 3-8-2016 by Ord. No. 6-2016]

Implied compliance with rules and regulations. Signing of the application signifies assent to the rules, regulations and schedules of water rates, fees and charges of the Committee which are now or may hereafter be in effect. Copies of such rules, regulations and schedules of water rates, fees and charges shall be available for inspection at the office of the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Installation to building. Where a service connection has been previously installed to the curbline and the owner desires to complete the service connection to the building, a proper application shall be signed by the owner of the premises on a form provided by the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Life of agreements. All agreements covering water service shall continue in force from year to year, unless notice in writing is given by either party to terminate the service.

Beginning of charges. Water service charges shall begin when the water is turned on and continue until written notice has been given of a change or transfer of ownership or termination of service. When such change or transfer takes place, the new owner shall sign a new application. Water may be turned off from any premises temporarily without in any way affecting the existing agreement for service.

Use of water without application therefor. When a person takes possession of any premises and uses water through an active service connection without the owner thereof having made application to the Committee for water service, such owner shall be held liable for all water delivered from the date of the last recorded meter reading, and if the meter is found inoperative, the quantity of water consumed shall be estimated.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 270-6 Meters.

Required; exception. Each new service connection shall be metered, except when installed only for protection against fire as provided in § 270-9. The use of water without a meter, except as herein provided, shall render the owner liable for the amount of water consumed, as estimated by the Committee, in addition to any penalties which may be imposed. Where existing services have not been provided with meters the use of water shall render the consumer liable for the charges normally imposed. The Committee, may, after repeated offenses, order the water supply discontinued.

[Amended 3-8-2016 by Ord. No. 6-2016]

Installation of water meter. All new service connections shall include a water meter of the make, type and size approved by the Committee to be installed by the owner before application for water service is approved. The applicant shall file proof of ownership thereof, free from all liens and encumbrances, with the Committee and shall transfer title thereof to the Committee simultaneously with and automatically upon approval of the application for water service.

[Amended 3-8-2016 by Ord. No. 6-2016]

Payment for water meter. All existing service connections shall be metered at such times as the Committee shall hereafter require. Such meters when so installed shall remain the property of the Committee. The owner of the property shall be liable for the cost of the meter so installed, and the cost thereof may be declared to be a lien upon the property as herein provided. Payment for such meter shall be made by a charge to be added to the water bill of 1/6 of the installed cost thereof for six consecutive quarters, unless the owner shall elect to pay the full amount of the cost in advance or at the time of installation, in which event a discount of $2 per meter will be allowed. Meters shall be installed at such discount whenever a property owner elects to authorize such installation and pays the charges therefor.

[Amended 3-8-2016 by Ord. No. 6-2016]

Location of installation. Meters shall be installed within the building, on the cellar floor or in such location as the Committee shall approve, as near as possible to the point of entrance of the service, in a clean, safe, dry place not subject to variation of temperature, so located as to be easily accessible for maintenance, installation or disconnection and for reading and of a type suitable for the purpose and location. When no suitable location for the meter can be obtained in a building or when a building is distant from the street or curb line, the consumer may be required to provide a watertight pit, chamber or vault for the meter near the property lines.

[Amended 3-8-2016 by Ord. No. 6-2016]

Precautionary measures. The consumer and owner shall take all proper precautions to protect the meter from injury, frost and damage from hot water, steam or other cause. The owner shall be liable for all damage or loss from failure properly to take care of the meter.

The connections at the meter shall be so arranged that the Committee shall not be required to do any pipe filling but will merely have to connect the meter by means of unions already in place. The union connections and any other piping required for installing the meter shall be installed at the expense of the owner and shall remain as part of the permanent piping of the building. A stop and waste valve shall be installed, on both sides of the meter, so the piping system can be drained in case the meter has to be repaired or removed. A suitable check valve shall be placed between the stop and waste valve and meter if required by the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Approval of Committee. No fixture of any kind from which water might be drawn shall be connected to the street side of a meter. The water shall not be turned on unless the meter location and other facilities provided for meet the approval of the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Repairing meters. The Committee at its option shall repair, replace or exchange water meters, and the expense of such repairs, replacement or exchange may, if the condition warrants, be charged to the building owner. No person except an employee of the Committee shall connect, disconnect, repair, adjust or tamper in any way with the water meter or seal.

[Amended 3-8-2016 by Ord. No. 6-2016]

Charges for water with broken meter. Failure of a meter to register properly shall be reported immediately to the Committee. 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.

[Amended 3-8-2016 by Ord. No. 6-2016]

Testing of meter. The meter shall be tested at regular intervals at no cost to the consumer as prescribed by the New Jersey State Public Utilities Commission. If, as a result of any test, a meter is found to be incorrect or inaccurate it shall be promptly restored to an accurate condition or an accurate meter shall be substituted. Any meter tested and found to be inaccurate by not more than 3% shall be considered accurate. Any consumer believing his meter to be inaccurate may require the meter to be tested by written request. If upon test the meter is found to record accurately within 3%, the consumer shall be charged a minimum fee for the expense of the test, but if the test exceeds such limit no charge shall be made for the test and the meter shall be replaced. Large usage meters, one inch and larger, shall be tested every three years.

Cost of meter to be set by Committee. Meter costs shall be set by the Committee and shall include the costs of installation, less any discount provided by Subsection C.

[Amended 3-8-2016 by Ord. No. 6-2016]

Borough water usage. Water supplied for Borough purposes shall be metered if practicable, and the Committee shall be paid for such water at its regular rates.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 270-7 Water service charges.

Duty of Borough to fix fees. The Borough shall from time to time, as circumstances require, fix all fees, charges and rates.[1]

[1]

Editor's Note: See Ch. 119, Fees.

Flat rate service. The following rates and conditions shall apply to flat rate service:

When two or more families occupy the same premises or use the fixtures in a dwelling accommodation, the rate will be increased in proportion to the number of families using such facilities.

An occupant of a premises or customer shall not supply other premises without the consent of the Committee and shall remain liable for the charges for such water so supplied in conformity with the provisions hereof.

[Amended 3-8-2016 by Ord. No. 6-2016]

When a meter is installed in a service previously charged for flat rate service, the charge for the flat rate service shall be adjusted proportionately to the date of the installation of the metered service.

No alteration of pipes or fixtures shall be made in flat rate services without notice to and consent of the Committee and adjustment of the rate pursuant hereto.

[Amended 3-8-2016 by Ord. No. 6-2016]

Rates for water from fire hydrants and for fire protection shall be as provided in §§ 270-8 and 270-9.

Rates for metered water service. Rates shall be charged for metered water to each consumer as set forth in Chapter 119, Fees.

Separate meters. Whenever practical the Committee shall require a separate meter for each accommodation or usage in multiple service buildings. If such separate meter service shall not be practical, all such units may be serviced by one meter of proper size under such circumstances, and the property owner shall be billed for all water used in the multiple units and shall be liable for payment thereof. The minimum rate for such multiple unit service per quarter shall be the minimum rate for a single service multiplied by the number of units. No reduction in the number of units shall be recognized for nonoccupancy, unless such nonoccupancy exists for a full quarter and written notice of such nonoccupancy is given the Committee before the quarter begins. In the event any such unoccupied unit thereafter commences to be supplied with water or any new units are served with water through said meter, the Committee shall forthwith be notified thereof and the owner shall be liable for charges in the same manner as if such notice had been given.

[Amended 3-8-2016 by Ord. No. 6-2016]

Rates for discharge of effluent and solids. Rates shall be charged for the discharge of effluents and solids as set forth in Chapter 119, Fees.

Rate for discharge wastewater. Rates shall be charged for the discharge of commercial wastewater as set forth in Chapter 119, Fees.

§ 270-8 Fire hydrants.

Use of fire hydrants. No person shall take water from any fire hydrant or hose plug except for the use of a recognized fire company, and no fire hydrant shall be used for sprinkling the street, flushing sewers or gutters or for any other purpose without authorization of the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Authorization for use of hydrants by Fire Department. The Chief of the fire company and his assistant officers are authorized to use the public fire hydrants for the purpose of extinguishing fires and also with due care, after notice to the Committee, to a reasonable extent to use water for the purposes of drills and tests and washing fire equipment, but all such uses shall be under the supervision and direction of the Chief or his assistant officers, and in no event shall an inexperienced or an incompetent person be permitted to manipulate, or control in any way, any fire hydrant.

Shutoff valve. All fire hydrants installed shall be equipped with a shutoff valve.

Change of location of fire hydrant. The location of a fire hydrant may, upon written request, be changed with the approval of the Committee, and the estimated cost of making such change shall be paid for by the applicant in advance. No hydrant shall be moved which will increase existing insurance rates.

[Amended 3-8-2016 by Ord. No. 6-2016]

Conformity of hydrants. The location and setting of new fire hydrants shall be made in conformity with the requirements and recommendations of the National Board of Fire Underwriters.

Maintenance of public hydrants. Public fire hydrants will be maintained by the Committee, but all expenses for maintenance or repairs resulting from the negligence or fault of the employees of the Borough, members of the Fire Department or other persons, excluding the Committee or its employees, shall be paid for by the Borough or those responsible.

[Amended 3-8-2016 by Ord. No. 6-2016]

Testing of hydrants. The Committee shall inspect and test all fire hydrants and appurtenant facilities at reasonable intervals.

[Amended 3-8-2016 by Ord. No. 6-2016]

Liability of Committee. The Committee shall not be liable for a deficiency or failure in the supply of water for the control or suppression of fires from any cause.

[Amended 3-8-2016 by Ord. No. 6-2016]

Charge for using hydrant water. When water is taken from any fire hydrant other than for fire protection by the Fire Department as herein provided, the person so taking or receiving such water with the express permission of the Committee shall be subject to a charge based on prevailing rates as provided in § 270-7, with a minimum charge as set forth in Chapter 119, Fees, for each service, unless such service shall be metered. The opening for delivery shall not be greater than 2 1/2 inches.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 270-9 Private fire service.

[Amended 3-8-2016 by Ord. No. 6-2016]

Private connection. When in the judgment of the Committee it is practical, private fire service connections may be allowed for hydrants, hose connections or sprinkler systems on private property for which a flat rate or meter rate, at the option of the Committee, shall be charged, subject to special contract and special rules and regulations governing such service as may be determined by the Committee.

Unmetered charge. Where such connection is unmetered, a quarterly charge shall be paid for each private fire hydrant, and the stand-ready charges set forth in Chapter 119, Fees, shall be paid for water service to each separate building for fire protection through automatic sprinklers, standpipes or other devices, based upon the size of the pipe connections. The rate for larger sizes shall be fixed by the Committee.

Installation charge. All private fire hydrants shall be installed at the sole cost of the applicant, subject to approval of the type, size and installation thereof by the Committee.

Use by Fire Department. All private fire hydrants shall be subject to use by the Fire Department for the control and suppression of fires, whether on the property of the applicant or not. When such use is made thereof for protection of property other than that of the owner of the property whereon the private fire hydrant is located, no charge shall be made for the water so used, as estimated by the Committee.

Waiving of charges. The charges imposed by Subsection B may be waived by the Committee as to any fire hydrant which the Committee determines is so situated as to be necessary, convenient and accessible for use for fire protection of other property.

Installation outside Borough. The Committee, with the consent of the Mayor and Council of the Borough, may authorize fire hydrants to be installed outside the Borough limits and to be serviced from the municipal water system, providing the cost thereof and of any extensions required to provide water service thereto are paid by the consumer, and providing the type, size and installation thereof are approved by the Committee. A quarterly charge as set forth in Chapter 119, Fees, shall be paid to the Committee for each hydrant, together with all taxes levied and assessed thereon by the municipality in which the pipes and hydrants are located, to be paid to the municipality.

Maintenance. All private hydrants and all facilities installed pursuant to Subsection F shall be maintained by the persons receiving the benefit thereof, under the supervision of the Committee.

§ 270-10 Thawing.

[Amended 3-8-2016 by Ord. No. 6-2016]

No company or person shall undertake the thawing of water service pipes or mains by the use of electric current without authorization and supervision of the Committee. The services of a Committee inspector shall be paid for at a rate per hour by the company or individual to whose work he is assigned.

§ 270-11 Rules for plumbers.

[Amended 3-8-2016 by Ord. No. 6-2016]

Licensing. No person shall do any plumbing work in connection with the installation and maintenance of a service line unless he is a plumber duly licensed by the Borough Board of Health and registered with the Committee, except with the special permission of the Committee.

Violations. The licensee shall report, within five days, to the Committee all violations of this chapter and of the rules and regulations of the Committee which come to his knowledge or attention.

Indemnification of Borough. The licensee shall indemnify and save harmless the Borough and the Committee from all accidents and damage resulting from his work, whether such work is done by him personally or under his direction.

Direct boiler connections. Where high-pressure steam boilers or boiler feed pumps are connected directly with the service connection depending upon the pressure in the mains for supplying such boilers or pumps, without intervening tank or receptacle, a check valve shall be placed in the feed pipe in addition to the controlling valve. Neither the Borough nor the Committee shall be responsible for any accidents or damage resulting from any direct connection from any cause whatever.

Authorization to turn on water. The plumber may turn on the water after the connection is completed to test out his work but shall leave the curb stop closed when he has finished his work, unless specially authorized to leave it turned on by the Committee.

Changes in certain facilities. Plumbers making changes in piping, fixtures and facilities subject to flat rate charges shall forthwith notify the Committee of such alterations.

§ 270-12 Service standards.

[Amended 6-10-2008 by Ord. No. 7-2008; 3-8-2016 by Ord. No. 6-2016; 10-13-2020 by Ord. No. 13-2020]

Obstructions. No person shall at any time obstruct free access to any waste meter, curb stop, curb box, valve, hydrant or other equipment of the water distribution system. It shall be unlawful for any person to install, permit the installation of or use, operate and maintain a booster pump or any other device which shall increase the pressure or volume of water delivered through a service connection to any customer.

Scarcity of water. In the case of prolonged scarcity of water from any cause the Committee reserves the right, upon public notice, to have the use of water for lawn or garden sprinkling or air-conditioning purposes suspended or restricted.

Maintenance of service lines. The property owner shall be responsible for the maintenance of the service line from the property line to the building and for all interior plumbing. The property owner shall keep the same in good repair and protect it from damage due to frost or other causes and shall be held liable for damage or loss of water resulting from failure to do so.

Leaks. All leaks in the service line aforesaid shall be reported promptly to the Public Works Superintendent and repaired by the property owner. If repairs are not so made, the water shall be shut off by the Public Works Superintendent and not turned on again until the line is put in serviceable condition and all charges for damage or loss of water have been paid.

Access to premises. The Public Works Superintendent shall have access at all reasonable hours to premises connected to the water distribution system for the purpose of reading and installing the meter and of inspecting and maintaining equipment. The hours between 8:00 a.m. and 6:00 p.m. shall be reasonable hours for this purpose.

Maintenance charge. Any necessary maintenance, repairs, replacement or changes in piping, valves or connections on the house side of the curb stop, including all material and labor, shall be made by the property owners at their own expense, subject to inspection and approval by the Public Works Superintendent.

Water usage. The customer shall not permit water to be used except for the purposes described in the application for water service and shall, in any case, remain liable for all water used.

Discontinuance. Water service may be discontinued upon such notice as shall be reasonable or practicable for any of the following reasons:

For the use of water for any properties or purposes other than those permitted in this chapter or described in the application.

For willful waste of water through improper, defective or imperfect pipes, fixtures or otherwise.

For failure to maintain, in good order, connections, service lines or fixtures owned by the consumer.

For molesting or tampering with any service pipe, meter, curb or fixtures owned by the consumer.

For refusal of access at reasonable hours for purposes of inspecting or for installing, reading or maintaining fixtures, pipes and meters.

(6)

For nonpayment of bills, rent, charges or fees or of penalties imposed or for any other reason causing or tending to cause a loss to the Committee.

(7)

Failure to decrease or limit the use of water when requested by the Public Works Committee.

(8)

For violation of any Borough ordinance relating to the use and distribution of water.

(9)

For misrepresentation in the application for water service respecting the property to be served or the fixtures to be supplied or the use to be made of the water.

(10)

At the discretion of the Public Works Committee when the premises become vacant.

(11)

For such additional uses of water or installation of additional fixtures with respect to flat rate service where such increase in the facilities or use of water is made without notice to and approval by the Public Works Superintendent.

Shutting off water. The Public Works Committee reserves the right to shut off water service without notice, in case of technical defects or for other unavoidable cause, or for the purpose of making necessary repairs, connections or other alterations to the water distribution system.

Payment of bills. In no case shall water be turned on again until the defects have been remedied and all bills due and charges or penalties and fees imposed have been paid. The owner of the premises shall also be liable for any loss sustained by the Borough as the result of such defects.

Sealing of curb stop. Should the occupant of the premises turn on the water or suffer or cause it to be turned on after it has been shut off at the curb by the Borough, it shall be shut off again, the curb stop shall be sealed and a charge shall be made for the expense of shutting off the curb stop and turning it on again.

Pressure liability. Neither the Public Works Committee nor the Borough shall be held liable for any damage which may be claimed due to the failure or any restriction of the water supplied or from low or high pressure.

Modification of regulations. The Borough reserve the right to add to or modify the rules and regulations governing the water distribution system at any time.

Vacation of buildings. Owners of vacant buildings or buildings that are about to be vacated shall give at least five days' notice that such buildings are about to become vacant to the Public Works Superintendent so that water may be shut off and shall be responsible for the water charges until such notice is given.

Change of ownership. A new application for water service shall be filed upon the change of ownership of the property described in the original application, and the Public Works Committee may discontinue water service until such new application has been filed and approved.

Hose connections. Hoses shall not be used unless the water is metered or, in the case of flat rate service, a sill tap has been installed and is subject to the flat rate charge. Use of a hose connection in other cases shall subject the consumer to payment of the charge provided in § 270-7D.

Discontinuance of service. When requested by the owner or his agent, the Public Works Committee shall discontinue service to a property either temporarily or permanently. A turnoff charge shall be made when the service is restored, but in no event shall water be turned on until all water charges have been paid. Emergency shutoff will be made at any hour upon request without charge at the curb stop.

Adjustments of water charges. No adjustments of water charges due to failure of the Public Works Committee to discontinue or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is in writing and duly filed with the Committee.

Liability from curb stop. When turning on the water supply as requested and the house or property is vacant, the Public Works Superintendent shall endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water shall be left shut off at the curb stop.

Sealed connections. When connections are abandoned or sealed, the applicant shall pay the Borough of Franklin for having the water connection shutoff and plugged at the curb stop or other such location as determined by the Public Works Committee. In the event that an applicant desires to reconnect to the Borough's water system, the applicant shall be responsible for paying a new connection fee as provided for in § 270-15B(10)(l) and Chapter 119. However, in the event that the water line is temporarily closed in order to accommodate construction on the lot and block where the water connection previously existed, a new water connection fee shall not be charged, except to the extent of an enlargement or modification of the water connection.

Improvement insurance. Where persons, corporations or contractors making improvements, etc., necessitating excavations in streets wherein water mains and service connections are laid, requiring water and service connections to be cut and refitted, lowered or raised, etc., such persons shall make written request to the Committee to make such changes and shall furnish a satisfactory guaranty to the Borough insuring the payment of all costs incurred by the Borough in the changes necessary or required to be made.

Liability from damage. The Borough shall not be liable for any damages resulting from leaks, broken pipes or other cause or for damage resulting from the bursting or breaking of any main or service pipe.

Final meter readings. When the Borough of Franklin Water Meter Department is requested to make a water meter reading, there shall be a fee pursuant to Chapter 119, Fees.

§ 270-13 Installation of mains.

Installation. All mains shall be installed within the boundaries of public roads or streets or, where such streets and roads have not yet been accepted by the Borough, within the boundaries of roads and streets laid out in compliance with all ordinances of the Borough.

Implication of street ownership. The installation of water mains in any street, lane, road, etc., by the Borough or by others shall not imply Borough ownership or acceptance of such streets, lanes, roads, etc., unless and until they otherwise comply with Borough requirements for acceptance, ownership and maintenance.

Cost of installation. The cost of installation of water mains and fire hydrants in any existing street, lane, road, etc., may be assessed in whole or in part against property owners, including real estate developments benefiting by such extension.

Cost of facilities on proposed or new streets. All water mains, hydrants and associated facilities, such as booster pumps, pressure tanks, service lines, curb stops, curb boxes and valves, as required by the Committee on new or proposed streets shall be installed and paid for by the real estate developers or builders, and ownership thereof shall be transferred to the Committee when such installation meets the approval of the Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Approval by Committee. The Committee shall specify the type, size and location of all mains, hydrants, booster stations, pressure tanks, etc., on all new extensions, and the entire system is subject to inspection and approval by the Committee and is to be tested under the Committee's supervision before backfilling.

[Amended 3-8-2016 by Ord. No. 6-2016]

§ 270-14 Liability for violations.

[Amended 3-8-2016 by Ord. No. 6-2016]

Where two or more consumers are supplied through a single service line, any violations of the rules of the Committee with reference to either or any of the consumers, as the case may be, shall be deemed a violation as to all, and the Committee may take such action as could be taken if it were used by a single consumer.

§ 270-15 Comprehensive water management code.

Fire protection systems.

All subdivisions and all site plans requiring central water facilities shall provide a central fire protection system meeting the following minimum requirements:

All central fire protection systems shall conform to all applicable standards of the National Fire Protection Association (NFPA), American Water Works Association (AWWA), N.J.A.C. 7:10-11.13 (commonly known as the "Safe Drinking Water Act Regulations"), and any revisions or amendments thereto.

Total fire-fighting water supply shall be no less than 2,000 gallons per dwelling unit for the first 25 units. The maximum storage volume of fire-fighting water supply required for residential-type units shall not exceed 50,000 gallons, unless otherwise specified by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Water storage facilities for fire-fighting water shall be designed to automatically maintain the required capacity for fire protection purposes.

The maximum distance from the center of each dwelling unit to the nearest fire hydrant shall not exceed 500 feet.

Each fire hydrant shall be capable of supplying a minimum flow of at least 500 gallons per minute at no less than 20 psi residual pressure.

(f)

All components of the central fire protection system shall comply with the design standards as specified in Subsection B, Central water facilities, where applicable.

All nonresidential occupancies shall conform to the NFPA Standard 1231 as a minimum water supply requirement for fire protection purposes.

Fire suppression systems shall be required as mandated by Article 10 of the 1987 BOCA National Building Code.

All developments must be designed to allow for the access of emergency vehicles, including fire apparatus, ambulances and police cars. Fire lanes shall be provided for commercial- and industrial-type developments to provide access to fire protection facilities.

If a stream or pond exists on a property that requires a central water system and the stream or pond can be developed into an adequate and reliable water supply, then a standpipe shall be constructed as a backup supply of water to the central water system for fire protection purposes.

(6)

Prior to obtaining final water system approval of any major subdivision or site plan requiring a central fire protection system, the Fire Department shall conduct any and all tests necessary to ensure that the system meets the fire-fighting requirements of the Fire Department. The Fire Department shall then issue a letter to the Public Works Committee indicating that the central fire protection system has been tested and is accepted by the Fire Department.

[Amended 3-8-2016 by Ord. No. 6-2016]

(7)

Any subdivision of land that expands a previously approved subdivision that did not require a central fire protection system at the time of its creation due to the number of lots involved, to the point where a central fire protection system is required based on the total number of proposed lots and previously approved lots, shall provide a central fire protection system capable of protecting both the proposed subdivision and the previously approved subdivision in accordance with the requirements of fire protection system standards as outlined herein.

(8)

Existing nonresidential occupancies shall be required to conform to the requirements of NFPA Standard 1231 whenever an application for site plan approval is submitted to provide at least the minimum water supply requirements for fire protection purposes for the entire site.

Central water facilities.

Any minor subdivision or site plan on property that is adjacent to a central water facility shall provide all necessary central water facility systems as required by Public Works Committee to support itself after interconnecting with the existing approved central water facility.

[Amended 3-8-2016 by Ord. No. 6-2016]

Any multifamily development shall provide central water facilities by means of developing a separate potable water source as directed by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

Any major subdivision or major site plan shall provide central water facilities by means of developing a separate potable water source.

All central water systems shall be interconnected to the Borough central water system, with pipe size and tie-in location as required by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

All central water facilities shall conform to N.J.A.C. 7:10-1 through 7:10-11.13, commonly known as the "Safe Drinking Water Act Regulations," and any revisions or amendments thereto, except where the standards contained herein exceed those contained in the Safe Drinking Water Act Regulations, the standards contained herein shall apply.

(6)

All construction of central water facilities shall comply with all applicable standards set forth by the American Water Works Association (AWWA) as said standards apply to the various components of a central water facility.

(7)

All central water systems shall be designed to operate as a pump-storage type of system using gravity flow or as required by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

(8)

Well house. The following information should be required in addition to all the other requirements specified in the standards referenced hereinabove.

Architectural plans of the proposed well house shall be submitted, showing plan view, elevation views of all sides, typical sections, landscaping plan and a plot plan showing all site improvements to be installed to service the well house, including but not limited to the following items: driveway, fencing, lighting and drainage. The well house shall be sized to provide at least three feet of clearance around the various components of the water system to permit ready access to the plant operators.

A complete auxiliary generator system with interconnecting wiring shall be provided for all central water facilities.

Pressure gauges graduated in increments not higher than five psi shall be provided at appropriate locations in the well house piping system.

Sampling taps shall be provided for raw water samples and finished water samples if treatment facilities are located in the well house. There shall be at least 18 inches of clearance below these taps to permit the use of large sample containers.

Floor drains in well house shall be piped to an approved discharge area.

(f)

Well water level indicators shall be provided with indicator gauges that can be calibrated to read the water level in the well directly on the gauge. An air pump shall be supplied as part of the standard equipment in the well house or as required by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

(g)

A test sink shall be provided if treatment facilities are located in the well house to test for chlorine residual. The waterline serving this sink shall be tapped into the water main and supplied with a separate curb stop and curb box. The tap shall be located a sufficient distance away from the point of chlorination to allow at least the minimum amount of contact time specified by the New Jersey Department of Environmental Protection. Calculations shall be submitted to support the proposed design.

(h)

All central water systems shall be provided with the following materials and equipment in a storage cabinet furnished in the well house:

[1]

DPD test kit with one year's supply of reagents to test for chlorine residual (required only if treatment facilities are located within well house).

[2]

Repair parts needed to service any treatment equipment or pumping equipment installed in the well house.

[3]

A precut bypass pipe with the necessary fitting to permit the removal of the main meter in the well house for servicing while keeping the water system operable at the same time (not required if bypass valves and piping are provided).

[4]

One year's supply of reagents used in treatment processes performed in the well house.

[5]

A comprehensive manual containing manufacturer's information on all components of the central water system, suppliers and service representatives, serial numbers and model numbers of all components and warranties.

[6]

Two prints of an as-built map showing the layout of the central water system, complete with ties from permanent structures to every gate valve and curb box in the system.

[7]

A gate valve wrench and curb box wrench large enough to operate every valve in the system.

[8]

An industrial-size first aid kit (required only if treatment facilities are located within well house).

(i)

Warning signs shall be posted on the exterior of the well house indicating any dangerous chemicals or substances used in the well house.

(j)

All central water systems shall be provided with a minimum of one well. In the event more than one well is advanced, the wells shall then be located at least 100 feet apart.

(k)

An appropriately rated fire extinguisher(s) shall be mounted within the well house.

(l)

Adequate electrical outlets shall be provided within the well house for small hand tools.

(9)

Storage tanks. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove:

Storage tank(s) shall be sized to provide at least 1 1/2 days' water requirements based on the average annual demand, plus the volume of water as required for fire protection.

An adequate method of corrosion control shall be provided for the storage tank(s).

Level control in storage tank(s) shall be by pressure-sensor control method or as required by the Public Works Committee. Adequate protection shall be provided to prevent freezing at sensor tap.

[Amended 3-8-2016 by Ord. No. 6-2016]

Visible and audible alarm systems shall be installed in the central water system well house or where directed by the Public Works Committee to indicate low or high water levels in the water storage tank(s).

[Amended 3-8-2016 by Ord. No. 6-2016]

Manual methods of measuring the water level in any water storage tank(s) involved with the central water system shall be provided, along with an appropriate measuring device.

(10)

Distribution systems. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove:

All distribution lines shall be looped to eliminate dead-end waterlines in the water system. The distribution lines shall be extended to the main road(s) so that the subdivision waterlines are constructed along the entire frontage of said main road(s) from outermost property line to outermost property line to permit future tie-ins. The distribution lines shall also be extended to the outside property lines of the subdivision in areas where future expansion is possible on adjacent property to promote additional looping of the distribution system. The size of said distribution lines shall be as required by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

A Hardy-Cross analysis of the proposed central water system shall be provided showing that the flow required for fire protection from a fire hydrant can be achieved without lowering the water pressure on the first floor of any dwelling unit served by the system to less than 20 psi.

Water main pipe shall be ductile iron, Class 52 or higher, double cement lined. Bronze wedges supplied and approved by the water main pipe manufacturer shall be installed in each joint to assure electrical conductivity. Water main pipe shall be buried to provide at least 4 1/2 feet of suitable cover material over the top of the pipe. Concrete sand shall be placed around the water main pipe to provide at least six inches of concrete sand below and above said pipe and at least 12 inches on each side of said pipe.

Water main fittings, including but not limited to tees, wyes, bends and offsets, shall be mechanical-joint type and be provided with integrally cast lugs to accommodate reinforcing rods and other types of restraint devices. Each water main fitting shall be provided with concrete thrust blocks poured against virgin earth. The size of each thrust block shall be sufficient enough to withstand at least twice the maximum thrust force that the fitting is ever expected to experience.

Gate valves shall be provided on all legs of any tee, wye or cross-type fitting, on each fire hydrant lead, on each blowoff pipe and at the terminus of any water main that may be extended in the future. Each gate valve shall be double-rodded back to the nearest fitting for restraint. Gate valves shall open by turning the operating nut in a counterclockwise direction.

(f)

Valve boxes of the slide type shall be provided on all valves. The internally cast lugs of the top section of the valve box shall not bear directly on the lower portion of the valve box or any extension. The top portion of the valve box shall be 1/2 inch below finished grade. The valve box cover shall have the word "water" integrally cast in it.

(g)

In locations where vent pipes or blowoffs may discharge water, suitable protection must be provided to prevent erosion and/or discharge onto adjacent properties. Easements permitting the open discharge of water from the central water system through blowoffs must be provided.

(h)

Each dwelling unit shall have its own individual service line, complete with individual corporation stop, curb stop, curb box and meter. The curb box shall be located at least three feet from the face of the curb but within the right-of-way of the roadway. The size of each service line shall be calculated to supply each dwelling unit with sufficient water at sufficient pressure to meet the requirements of the local building codes, but in no event shall the service line be less than 3/4 inch in diameter. The service line shall be constructed using Type K copper water service tubing.

(i)

The distribution system shall be subjected to a static pressure test(s) and dynamic flow test(s) prior to being accepted by the Public Works Committee. Said tests shall be witnessed by the Public Works Committee or its representative and a representative of the Fire Department.

[Amended 3-8-2016 by Ord. No. 6-2016]

(j)

Whenever a larger than normally required water storage or distribution system is installed at the request of the Public Works Committee, the Public Works Committee reserves the right to adjust connection fees or any portion thereof up to the incremental additional system cost.

[Amended 3-8-2016 by Ord. No. 6-2016]

(k)

After completion and formal acceptance by the Public Works Committee, all central water systems shall be dedicated to the Public Works Committee for maintenance and operation.

[Amended 3-8-2016 by Ord. No. 6-2016]

(l)

A water connection fee shall be collected by the Borough prior to any certificate of occupancy being issued. An applicant making an application for a new connection or the enlargement or modification of an existing connection to the Borough of Franklin’s water line shall pay a connection charge for each service lateral or connection to the Borough’s water system as provided for in Chapter 119, Fees, of the Code of the Borough of Franklin. The connection charge shall be established in accordance with Table 1 contained in Chapter 119 of the Franklin Borough Fee Ordinance §270-15B(10)(l). In the event of the enlargement or the modification of an existing connection, the applicant shall be responsible for paying a connection fee based on the difference between the new estimated units and the number of units that the applicant or its predecessor had previously paid for. The number of units shall be estimated by the applicant’s engineer and must be approved by the Public Works Committee. In the event that the engineer’s estimate, as approved by the Public Works Committee, results in a reduction in the number of units, there shall be no refund or reduction in the connection fee previously paid by the applicant or its predecessors.

[Amended 6-10-2008 by Ord. No. 7-2008; 3-8-2016 by Ord. No. 6-2016]

(11)

General provisions. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove:

All components of the central water system, including but not limited to well houses, gate valves and storage tank covers, shall be secured with commercial grade padlocks or door locks.

All components of the central water facility shall be designed to be compatible and standardized with equipment that presently exists in the water system being tied into or other water supply facilities owned and operated by the Public Works Committee.

[Amended 3-8-2016 by Ord. No. 6-2016]

A cost estimate for the construction of the central water facility shall be provided.

The annual cost of operating and maintaining the central water system shall be calculated and submitted.