[HISTORY: Adopted by the Township Committee
of the Township of Freehold 10-9-1967 (Ch. XV of the Revised General
Ordinances), as amended through Ord. No. O-02-46. Subsequent amendments
noted where applicable.]
The governing body finds that in order to assure
the public health, safety and welfare it shall continue to operate,
maintain, and, when and where deemed necessary, construct and/or acquire
additions to its water supply facilities.
As used in this chapter, the following terms
shall have the meanings indicated:
Any duly authorized representative of the owner.
Includes labor, material, transportation, expenses, equipment,
supervision, engineering and all and every necessary overhead expense.
Any owner, agent or occupant who is responsible for the payment
of fees specified.
All of the property, organization or operation of the water
supply system and sewage disposal system and every part thereof collectively
or separately, functioning under the direction of the Township Committee.
[1]Temporary water service provided by the Township Department
of Public Utilities as agreed to by contract or otherwise, to an adjacent
municipality or public utility located within an adjacent municipality
for the health, safety and welfare of the residents located therein,
in the event a water emergency is formally declared by the Mayor or,
in his/her absence or disability, the Deputy Mayor of such adjacent
municipality and further provided that such water emergency is verified
by Freehold Township's Health Officer or in the absence of the Health
Officer, the Township Administrator. Such emergency water service
shall be provided only for such length of time as is necessary to
meet the declared emergency and shall be terminated upon declaration
of Freehold Township's Health Officer, or in the absence of the Health
Officer, the Township Administrator, that the emergency has abated
or that continued providing of water will cause an emergency condition
to develop within Freehold Township.
The unit which uses an average daily flow of 249 gallons
of water. Said flow shall be adjusted annually.
[2]The extension of a water main along a street, avenue or highway.
An extension shall not include the water service connection.
The charges of any nature levied by the Township arising
out of any charge resulting from installation, service or distribution
of water which are declared to be a lien against the property served
by virtue of the statute in such case made and provided.
All pipes, including valves, valve boxes, fittings and appurtenances,
other than service connections, conveying water to or distributing
water from the Township.
The applicant, consumer, person or company holding record
title to any part of the premises supplied. In the event multiple
commercial premises are served by a common water meter, the person
or entity holding title to the specific portion of the premises where
the water meter is physically located shall be deemed the owner for
purposes of this chapter. In the event a multiple residential project,
wherein units are individually owned, is served by other than an individual
water meter for each individual residential unit, i.e., served by
one or more common water meters, the person or entity holding title
to the specific portion of the premises where the water is actually
used or consumed shall be deemed the owner for purposes of this chapter.
A fire hydrant located upon private property and privately
owned.
A main running through private property or in a private street
to serve more than one home or other buildings or properties.
Fire hydrant under the control of the municipality located
on a right-of-way of the municipality or municipal property.
A person who is the owner of residential property which receives
utility services.
Service pipe or service line connections, including corporations,
shall mean a pipe connected to a main and extending to privately owned
property or premises for supplying water service.
The person retained by the Township Committee as the qualified
licensed Superintendent of Utilities and who shall be charged with
the responsibility and authorized to carry out the provisions of this
chapter.
The pipe serving a premises from the main to the meter, including
the meter.
A.
The water mains and appurtenances, service pipes from
main to curbline, corporation stops, curb stops and boxes of the Department
shall be under the control of the Township Committee and its authorized
agents and employees, provided that such facilities are located within
the public right-of-way or within easements or other property interests
held in the name of the Township and all other persons are forbidden
to disturb, tamper with, injure, change, obstruct access to or interfere
with water mains and appurtenances, service pipes from main to curbline,
corporation stops, curb stops and boxes in any way which are located
in public rights-of-way or other property of the Township.
B.
Any person receiving a supply of water for any purpose
from the water system operated by the Township shall be subject to
rules and regulations as set forth in this chapter.
C.
The owner of any house, building or lot shall be liable
for the payment of the service charge or rent for the use of water
and for all fees and other charges in connection with the installation,
repair and testing of any water meter, water service, connections,
appliances or parts and renewals thereof furnished or made by the
Department of Public Utilities in or upon the house, building or lot
until paid or satisfied. In the event multiple commercial premises
are served by a common water meter, the owner of the premises where
the meter is physically located shall be primarily responsible for
the entire payment. Those commercial owners and/or occupants who have
had the beneficial use of water service supplied through a common
meter shall be secondarily responsible for a fraction of the total
payment which fraction shall have a numerator of one and a denominator
equaling the total number of premises served from the common meter.
In the event a multiple residential project, wherein units are individually
owned, is served by other than an individual water meter for each
individual residential unit, i.e., served by one or more common water
meters, the person or entity holding title to the specific portion
of the premises where the water is actually used or consumed shall
be responsible for a fraction of the total payment which fraction
shall have a numerator of one and a denominator equaling the total
number of units served from the common meter.
E.
All bills for the furnishing of water by the Department
of Public Utilities shall be based on a cyclical schedule of quarterly
billings. Billings shall be staggered for various areas of the Township
and adjusted periodically to accommodate growth areas. Special readings
for final bills may be arranged through the Department of Public Utilities.
In the event the special reading is requested for an individually
owned multiple residential dwelling unit which is within a development
project serviced by one or more common meters, special readings for
a final bill cannot be arranged. In such case, the regular quarterly
bill will be rendered to and shall be the responsibility of the owner
of record as of the bill date. The purchaser of such a unit shall
be responsible for establishing an escrow fund at the time of settlement
of title to the unit out of which the purchaser may be reimbursed
for such amount of the quarterly bill which represents the seller's
responsibility. The Township shall not assume any responsibility for
the establishment of the escrow fund or for the allocation of liability
between the buyer and the seller.
F.
Unless the applicant for water service specifies otherwise,
all bills and notices shall be mailed or delivered to the premises
where water service is supplied. If the applicant so desires, the
Department of Public Utilities will mail bills and notices to the
business or home address of the owner, customer or his agent. Bills
and notices shall be mailed through ordinary United States mail service
and if not received, the consumer shall obtain them from the Superintendent
of the Department of Public Utilities or an agent or employee. Failure
to receive bills or notices shall not excuse nonpayment of water bills.
A.
Dwellings and commercial and industrial structures.
(1)
The owner of every building or structure hereafter to be constructed which may be occupied or used by human beings including but not limited to dwellings and commercial and industrial structures located or to be located on a street or road along the line of a water supply system owned or operated by the Township and available to said building or structure where the front building line of the building or structure is within 100 feet of the road or street in which the water line is contained shall, within 90 days after service of notice to connect is given by the Township Engineer, be connected with and use the services and facilities of the Township water system to the exclusion of any other systems or methods for the consumption of water, except that alternate methods of supply may be used for nonconsumption purposes. The provisions of this subsection shall apply to existing buildings or structures when and if the existing system or method of supplying water for human consumption to the building or structure has been declared a health hazard by the Board of Health. Failure to comply with the aforesaid regulations shall be punishable by the provisions contained in Chapter 1, Article II, General Penalty, of the Code of the Township of Freehold.
(2)
All other applications for the use of water or for
a service connection shall be made on forms provided by the Department
of Public Utilities, by the owner of the premises or his duly authorized
agent. The fee shall be payable in advance.
B.
Persons desiring the use of water for building construction shall make application according to the provisions as herein provided. Under no circumstances shall water for building construction be taken from the fire hydrant of the Township. A flat rate, depending upon the type and size of the building, will be made for water used in building construction, unless the Department of Public Utilities shall require the water to be metered. The minimum flat rate charge for a building as provided in Chapter 150, Fees, will be payable in advance. In excess of minimum usage, a rate established by the utility rate structure will be billed in excess of 1,000 gallons. The Township 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 Department of Public Utilities and charged for at regular rental rates for meters. Construction water shall be billed at a rate as provided in Chapter 150, Fees. For this purpose, single-story commercial, industrial, professional or school buildings shall be equivalent to four dwelling units. Buildings over one story shall be equivalent to six dwelling units.[1]
C.
The tapping of mains for existing residential homes from the main to the curb, the curb stop and the curb box shall be furnished and installed by the Department of Public Utilities or its agent for a service connection fee as set forth in Chapter 150, Fees. For taps over one inch in size, connections shall be permitted at the expense of the applicant if the applicant authorizes a qualified contractor that has been approved by the Department of Public Utilities. A permit shall be obtained before any construction begins. Such permit shall be issued by the Department of Public Utilities upon submission of the application form and payment of an inspection fee as provided in Chapter 150, Fees.[2]
D.
No street openings shall be made except upon the consent
of the Department of Public Utilities, subject to such terms as it
and the Township Committee may impose, and upon obtaining a Township
road opening permit from the Engineering Department.
E.
The Township shall perform or have performed all excavating
and backfilling of trenches for service connection and service lines,
the cost of which is included in the connection fee.
A.
Installation of service lines from curb stop or repair
work 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.
B.
The service connection shall, as far as practical,
be installed at right angles to the main and in a straight line to
the meter. There shall be no attachment from which water may be drawn
between the main and the meter.
C.
Service pipe shall be installed only through the property
of the applicant, unless the applicant shall enjoy an easement or
right-of-way for that purpose, duly recorded.
D.
Water pipe shall not be installed in the same excavation
or trench with sewer pipe unless the same shall be separated vertically
by at least two feet above the sewer.
E.
All service connection pipe from the main to the curb
stop shall consist of Type K copper tubing and shall be installed
and maintained by the Township; from the curb stop to the dwelling
shall be maintained by the owner. The copper tubing shall be no less
than one inch in size for all domestic lines and of such larger size
as shall be designed by the Department of Public Utilities for commercial
and industrial buildings and multiple residences.
F.
The completed line shall remain open until inspected
and approved by the Department of Public Utilities or its representative.
At least 24 hours' notice shall be given the Department of Public
Utilities for the purpose of inspecting and approving the work.
G.
The owner shall be responsible for the maintenance
of the service line from the curb to the meter or 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 Department of Public Utilities and
repaired by the owner. The owner shall be liable for water escaping
from leaks at a charge estimated by the Department of Public Utilities
based upon the estimated quantity of water escaping. If repairs are
not made the Department of Public Utilities may shut off the water
and refuse to turn it on again until the line is put in serviceable
condition.
H.
No person except an employee of the Department of
Public Utilities shall turn water on or off at the curb stop.
I.
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 Department of Public Utilities, and
if granted, a separate and distinct curb stop and box shall be provided
for each building or structure.
A.
All service lines shall be installed in such manner
that a meter and yoke may be installed at the point of entry to the
premises. Valves shall be installed on both sides of the meter yoke
and shall be consistent with Township codes. The Township will provide
the meter and yoke, the cost thereof to be borne by the owner. The
meter, yoke, and service line which shall be installed in the house
and upon the property of any customer shall be considered for all
purposes the subject of a voluntary bailment. The Township shall be
the bailor, and the owner shall be the bailee. In no circumstance
shall the charge per unit be less than the minimum charge for a five-eighths-inch
single-service water meter.[1]
B.
The Department of Public Utilities may refuse to supply
water to premises wherein the plumbing work has not been done in accordance
with the rules and regulations of the Board of Health or where an
applicant has not supplied a space or area acceptable to the Department
of Public Utilities for the installation of the water meter and appurtenances.
C.
The rates to be charged to any owner for the consumption of metered water by any consumers of the Township water system shall be in accordance with Chapter 150, Fees. In the case of individually owned multiple residential dwelling units contained within a development project which is serviced by one or more common water meters, the rates to be charged for each unit shall be based on the average unit consumption when applied to the schedule of rates in Chapter 150 for a five-eighths-inch single-service water meter. The average unit consumption is determined by dividing the total consumption recorded on all common water meters within the development project by the total units within the development project. In no circumstances shall the charge per unit be less than the minimum charge for a five-eighths-inch single-service water meter as set forth on the schedule of rates in Chapter 150.
D.
The following quarterly rates shall be charged for
fire protection:
[Amended 8-23-2005 by Ord. No. O-05-23]
(2)
Fire hydrants.
(3)
Metered fire lines or combined fire and domestic lines:
no additional charge for hydrants.
(4)
Combined fire lines and domestic water supply: flat
rate service for each fire line entering the premises.
(5)
Fire line only: quarterly charge for fire protection
based on the size of connection made to the Township's water main.
No charge for additional fire connections.
(6)
The Township reserves the right to require double
checks or meters on fire lines if necessary. All maintenance work
on fire lines will be done by the persons receiving the benefit under
the supervision of the Department of Public Utilities.
(7)
The rates provided in Chapter 150, Fees, shall be charged to any of the customers of the Township water system for the purchase of water meters.
(8)
Meters larger than two inches in size that are not
installed by the Township will be provided at cost plus a handling
charge of 20%. Meters three inches and above shall be supplied and
installed by the applicant requesting service. The meter supplied
and installed shall be in accordance with the Township's specifications.
The cost of the meter and its installation shall be borne by the applicant.
The meter shall be repaired and maintained by the applicant under
the terms and conditions established by the Township. Annual meter
testing is to be arranged for by the applicant, and the test must
be certified by a qualified testing firm. A copy of the certification
is to be accessible to the Township at all reasonable times for reading
and inspection.
E.
Whenever practical the Department of Public Utilities
will require a separate meter for each living accommodation or usage
in multiple service buildings. If separate meter service is not practical,
all units may be serviced by one meter of proper size, and the property
owner shall be billed for all water used in multiple units. Where
there are multiple units, the minimum rate for multiple units shall
be the minimum rate for a five-eighths-inch single-service meter multiplied
by the number of units. No reduction in the number of units will be
recognized for nonoccupancy, unless nonoccupancy exists for a full
quarter and written notice is given the Department of Public Utilities
before the quarter begins. In the event any unoccupied unit commences
to be supplied with water or any new units are served with water through
the meter, the Department of Public Utilities shall forthwith be notified,
and the owner shall be liable for charges in the same manner as if
notice had been given.
The Department of Public Utilities 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 8:00 p.m. shall be reasonable for this purpose.
A.
In the case of prolonged scarcity of water from any
cause, the Department of Public Utilities shall have the right, upon
public notice, to have the use of water suspended or restricted for
lawn or garden sprinkling, swimming pool filling, air-conditioning
purposes and car washing. Regardless of the emergency provisions set
forth, the sprinkling of lawns with water shall be performed and accomplished
on alternate days through the Township. All properties with odd-number
addresses or box numbers shall water only on the odd days of the month.
All properties with even addresses or box numbers shall water only
on the even days of the month. All property owners shall be permitted
to water on the 31st day of any month.
B.
Water service may be discontinued upon notice as shall
be required by N.J.S.A. 40A:31-12 for any of the following reasons:
(1)
For the use of water for any properties or purposes
other than those permitted in this article or described in the application.
(2)
For willful waste of water through improper, defective
or imperfect pipes, fixtures or otherwise.
(3)
For failure to maintain, in good order, connections,
service lines or fixtures owned by the consumer.
(4)
For molesting or tampering with any service pipe,
meter, curb stop or seal or any other appliances of the Department
of Public Utilities.
(5)
For refusal of access at reasonable hours for purposes
of inspecting or for installing, reading, maintaining fixtures, pipes
and meters.
(6)
For nonpayment of bills, rents, charges or fees or
of penalties imposed or for any other reason causing or tending to
cause a loss to the Department of Public Utilities.
(7)
For failure to decrease or limit the use of water
when requested by the Department of Public Utilities.
(8)
For violation of the regulations of the Township 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)
When the premises shall become vacant, the owner shall
remain liable for all charges for buildings.
C.
The Department of Public Utilities reserves the right
to shut off water service without notice in case of technical defects
or other unavoidable cause or for the purpose of making necessary
repairs, connections or other alterations to the water distribution
system.
D.
In no case shall water be turned on again until defects have been remedied and all bills due and/or charges, penalties and fees imposed have been paid. The owner of the premises shall also be liable for any loss sustained by the Department of Public Utilities as a result of such defect. A fee, by cash or certified check, in the amount provided for in Chapter 150, Fees, shall be paid to cover the cost of the reconnections, except that reconnections to be completed after regular working hours shall require a fee as provided in Chapter 150.
E.
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 Department of Public Utilities, it shall be shut off again, the curb stop shall be sealed and for the expense of shutting off the curb stop and turning it on again, a fee as provided in Chapter 150, Fees, shall be paid.
F.
Neither the Department of Public Utilities nor the
Township shall be held liable for any damage which may be claimed
due to the failure of any restriction of the water supplied or from
low or high pressure or damage due to water quality.
G.
The Department of Public Utilities and the Township
reserve the right to add to or modify the rules and regulations governing
the water distribution system at any time.
H.
Owners of any vacant buildings or buildings that are
about to be vacated shall give at least five days' notice to the Department
of Public Utilities so that water may be shut off. Owners will be
responsible for the water charges until notice is given.
I.
A new application for water service shall be filed
upon the change of ownership of the property described in the original
application, and the Department of Public Utilities may discontinue
water service until the new application has been filed and approved.
J.
Hoses shall not be used unless the water is metered
or, in the case of flat rate service, a silltap has been installed
and is subject to the flat rate charge.
K.
When requested by the owner or his agent, the Department of Public Utilities shall discontinue service to property either temporarily or permanently. A turnoff charge to be paid by cash or certified check, in the amount provided in Chapter 150, Fees, shall be made when their service is restored, except that reconnections to be completed after regular working hours shall require a fee as provided in Chapter 150. 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.
L.
No adjustments of water charges due to failure of
the Department of Public Utilities 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 Department of Public Utilities.
M.
When turning on the water supply as requested and
the house or property is vacant, the Department of Public Utilities
will endeavor to ascertain if water is running on the inside of the
building. If such is found to be the case, the water will be left
shut off at the curb stop. The jurisdiction and responsibility of
the Department of Public Utilities ends at the curb stop. The Department
of Public Utilities will in no case be liable for damage occasioned
by water running from open or faulty fixtures or from broken or damaged
pipes beyond the Department of Public Utilities' curb stop.
N.
Where connections are abandoned, the owner of the
premises or applicant shall pay for having same shut off and plugged
at the curb stop or corporation stop, at the option of the Department
of Public Utilities, before a new connection will be installed to
the premises.
O.
Where persons making improvements, etc., necessitating
excavations in streets where water mains and service connections are
laid, requiring water mains and service connections to be cut and
refitted, lowered or raised, etc., they shall make written request
to the Department of Public Utilities to make changes and shall furnish
a satisfactory guaranty to the Department of Public Utilities insuring
the payment of all costs incurred by the Department of Public Utilities
in making the changes.
P.
The Department of Public Utilities shall not be liable
for any damages resulting from the bursting or breaking of any main
or service pipe.
Q.
In the event that the Department of Public Utilities
is required to repair any meter pipes or appurtenances affecting the
water service of any consumer of the system the owner, agent and customer
so affected shall be required to pay a rate equal to the established
hourly rate of a public works repairer.
R.
Any consumer requesting a meter reading for the purpose of ascertaining whether or not the meter is accurately functioning shall pay a charge of for the testing as provided in Chapter 150, Fees. The charge shall be retained by the Department of Public Utilities if the test discloses that the meter is accurate. In the event that the test discloses that the meter is inaccurate, the fee shall be refunded to the consumer.
A.
All mains shall be installed within the boundaries
of public roads or streets, or where streets and roads have not yet
been accepted by the Township within the boundaries of roads and streets
laid out in compliance with all ordinances of the Township.
B.
The installation of water mains in any street, lane,
road, etc., by the Township or by others shall not imply Township
ownership or acceptance of the streets, lanes, roads, etc., unless
and until they otherwise comply with Township requirements for acceptance,
ownership and maintenance.
C.
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 the extension.
D.
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 Township master water plan
or by the Department of Public Utilities on new or proposed streets
shall be installed and paid for by the real estate developers or builders
and ownership shall be transferred to the Township when the installation
meets with the approval of the Department of Public Utilities and
the Township Committee. Prior to acceptance it shall be necessary
for the real estate developer or builder extending the water system
to submit to the Department of Public Utilities a detailed map indicating
the location of the extended facilities including all surface controls
as well as the depth of the subsurface lines and controls by acceptable
engineering detailed drawings.
E.
The Department of Public Utilities 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 Department of Public
Utilities and is to be tested under the Department of Public Utilities'
supervision before backfilling.
F.
If an existing main adjoins a property in a real estate development and is of sufficient capacity for the additional amount of water required for the development, the charges for connecting the existing main to the mains of the development shall be set by the Township Committee. If the capacity of the existing main is not adequate to supply the additional amount of water to be used in the development, the developer shall be responsible for the installation of a suitable main and other necessary equipment which may be installed only after review and approval of the extension by the Township Committee in communication with the officials of the Department of Public Utilities. Any extension of a new main shall not be undertaken unless and until the developer responsible for the same shall have entered into an agreement with the Township which shall include the terms and conditions relative to the method and cost of installation and other matters incidental to the extension. Any agreement shall be required to include a provision requiring the developer to pay to the Township the appropriate connection fee pursuant to Chapter 150, Fees, for each service connection to be made by the developer from the extended main.
G.
Installation of new water mains in major subdivision tracts developed for residential, industrial, commercial and research use shall in all cases conform to the Township's master water plan and requirements of Chapter 190, Land Use.
H.
Limited main extension other than in major subdivision
developments or as part of the Township extension program, may be
made on the basis of individual application and in accordance with
the Township's water main extension agreement between the applicant
and the Township. In such case, however, the applicant to be served
shall pay the entire cost of the extension. The extension shall not
be authorized until the plans and method of installation as well as
the location is submitted to the Township Committee for approval.
The submission of the planned extension for approval to the Township
Committee shall contain within the specifications submitted a detailed
map prepared by a licensed professional engineer indicating the location
of the main extension and the appurtenances. Any limited main extensions
shall be subject to all of the rules, regulations and requirements
of the provisions of this section relating to extension to or changes
in existing mains in the Township.
A.
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 Department
of Public Utilities.
B.
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 with due care after notice to the Department
of Public Utilities, to a reasonable extent to use water for the purposes
of drills, tests and washing fire equipment, but all uses shall be
under the supervision and direction of the Chief or his assistant.
In no event shall an inexperienced or an incompetent person be permitted
to manipulate, or control in any way, any fire hydrant.
C.
The location of a fire hydrant may upon written request
be changed with the approval of the Department of Public Utilities,
and the estimated cost of making the change shall be paid for by the
applicant in advance. No hydrant will be moved which will increase
existing insurance rates.
D.
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.
E.
No person shall in any manner obstruct or prevent
free access to or tamper with or injure or damage by causing or permitting
a vehicle to come in contact with any fire hydrant, or place or store
temporarily or otherwise any object, material, snow, debris or structure
of any kind within a distance of 10 feet from any fire hydrant. Any
obstruction, when discovered, may be removed at once by the Department
at the expense of the person responsible for the obstruction, and
he shall be liable to a fine as provided. Repair or damage of hydrant
shall be charged to the person responsible.
F.
Public fire hydrants shall be maintained by the Department of Public Utilities but all expenses for the maintenance or repairs resulting from the negligence or fault of the employees of the Township, members of the Fire Department or other persons, excluding the Department of Public Utilities or its employees, shall be paid by the Township or those responsible. Private fire hydrants supplied with water by the Township shall pay an annual maintenance fee to the Township as provided in Chapter 150, Fees.
G.
The Department of Public Utilities shall not be liable
for a deficiency or failure in the supply of water for the control
or suppression of fires from any cause.
A.
When in the judgment of the Department of Public Utilities
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 Department
of Public Utilities, will be charged subject to special contract and
special rules and regulations governing the service as may be determined
by the Department of Public Utilities and Township Committee.
B.
All private fire hydrants shall be installed at the
sole cost of the applicant, subject to approval of the type, size
and installation by the Department of Public Utilities.
C.
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 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 used as estimated by the Department of Public Utilities.
D.
All private fire hydrants and all facilities installed
shall be maintained by the persons receiving the benefit under the
supervision of the Department of Public Utilities.
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 Department of Public Utilities. The services of a Department of Public Utilities inspector shall be paid for at the rate provided in Chapter 150, Fees, by the company or individual to whose work he is assigned.
A.
Any person doing any plumbing work in connection with
the installation and maintenance of a service line shall report, within
five days, to the Department of Public Utilities all violations of
this chapter and of the rules and regulations of the Department of
Public Utilities which come to his knowledge or attention.
B.
Any person doing any plumbing work shall indemnify
and save harmless the Township and the Department of Public Utilities
from all accidents and damage resulting from his work whether the
work is done by him personally or under his direction.
C.
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 the boilers or pumps, without
intervening tank or receptacle, a reduced pressure zone backflow preventor
shall be placed in the feed pipe in addition to the controlling valve.
Neither the Township nor the Department of Public Utilities shall
be responsible for any accidents or damage resulting from any direct
connection from any cause whatever.
D.
Any person doing any plumbing work 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 the work, unless specifically
authorized to leave it turned on by the Department of Public Utilities.
E.
Any persons making changes in piping, fixtures and
facilities subject to flat rate charges, shall notify the Department
of Public Utilities.
F.
In the event that lead pipe is identified in any existing service connection, it shall be replaced with Type K copper tubing. In accordance with § 351-5E, the property owner shall be responsible for the replacement of any lead pipe from the curb stop to the building. If the property owner fails or refuses to replace any such lead service connection, then the Department of Public Utilities may, after providing notice, enter such property to perform a lead service line replacement pursuant to N.J.S.A. 58:12A-39. The cost of any replacement by the Department of Public Utilities shall be assessed to the property in the same manner as provided for the assessment of local improvements pursuant to N.J.S.A. 40:56-1 et seq.
[Added 9-20-2022 by Ord.
No. O-22-17]
Any bailee entrusted with the care of any property
of the Township who fails to maintain same in good order or tampers
or molests same or, with intent to defraud, takes, receives, retains,
or appropriates to his own use or the use of another any property
or water without payment for same which belongs to the Township shall
be deemed in violation of this chapter.
A.
Bills for water consumption in any quarterly period
or fraction of a quarterly period or for any other charges shall be
due and payable on the date of the billing.
B.
If any bill or part rendered for water usage or for
any other charges in connection therewith is not paid before the 31st
day following the bill date, the bill shall be considered delinquent
and subject to interest from the bill date until such time as the
bill is paid in full.
C.
Unpaid charges and rentals for connections with and
use of the water system shall be liens upon the premises connected
until paid, and the Township shall have the same remedies for the
collection thereof with interests, costs and penalties, as it has
by law for collection of taxes upon real estate.
D.
In addition to the lien provided for in Subsection C, in the event of unpaid charges and rentals, the Township may terminate service to the customer. For customers located outside of the Township, the Township shall have the right of termination of service if either the water charge pursuant to § 351-6G or the hydrant charge pursuant to § 351-6D(2), or both, are unpaid for 31 days beyond the payment due date.
A.
At any time before the date of termination of service
for nonpayment of the amount shown on a bill, a notice of rejection
or a notice of termination, a residential customer may dispute the
correctness of all or part of the amount shown in accordance with
the provisions of this section. A residential customer shall not be
entitled to dispute the correctness of all or part of the amount,
if all or part of the amount was the subject of a previous dispute
under this section.
B.
The procedure for residential customer dispute shall
be as follows:
(1)
Before the date of termination, the residential customer
shall notify the Department of Public Utilities orally or in writing
that he disputes all or part of the amount shown on the bill, stating
as completely as possible the basis for the dispute. Oral notice shall
delay termination for 10 days pending receipt of written notice.
(2)
If the Department of Public Utilities determines that
the present dispute is untimely or was previously disputed, the Department
of Public Utilities shall mail to the customer a notice stating such
determination. The Department of Public Utilities shall then proceed
as if the customer had not notified the Department of the present
dispute.
(3)
If the Department determines that the present dispute
is not untimely or invalid, it shall, within 10 days following receipt
of the customer's notice arrange an informal meeting between the residential
customer and an official of the Department.
(4)
Based on the Department's records, the customer's
allegations and all other relevant materials available to the official,
the official shall resolve the dispute attempting to do so in a manner
satisfactory to both parties.
(5)
Within five days of the completion of the meeting,
the official shall mail to the customer a copy of his decision.
(6)
If the decision is unsatisfactory to the customer,
the customer within five days of receiving the official's decision
may request, in writing, a formal hearing before the Township Administrator
or the Administrator's designee.
[Amended 5-24-2022 by Ord. No. O-22-8]
(7)
The formal hearing before the Township Administrator
shall be held within 10 days of the Department of Public Utilities'
receipt of the customer's written request.
(8)
At the hearing, the Department of Public Utilities
and the customer shall be entitled to present all evidence that is,
in the Administrator's view, relevant and material to the dispute
and to examine and cross-examine witnesses.
(9)
Based on the record established at the hearing, the
Administrator, within five days of the completion of the hearing,
shall issue a written decision formally resolving the dispute. The
Administrator's decision shall be final and binding on both the Department
and the residential customer.
[Amended 5-24-2022 by Ord. No. O-22-8]
C.
Utilization of this dispute procedure shall not relieve
the residential customer of his obligation to timely and completely
pay all other undisputed utility charges and/or installment and surcharges
and the undisputed portion of the amount which is the subject of the
present dispute.
D.
Until the date of the Township Administrator's or
the Department of Public Utilities official's decision, whichever
is later, the Department of Public Utilities shall not terminate the
utility service of this residential customer and shall not issue a
notice of termination to them solely for nonpayment of the disputed
amount. If it is determined that the customer must pay some or all
of the disputed amount, the Department of Public Utilities shall promptly
mail to or personally serve upon the customer a notice of termination
which shall contain the following:
[Amended 5-24-2022 by Ord. No. O-22-8]
(1)
The amount to be paid;
(2)
The date of the notice of termination;
(3)
The date of termination which shall be at least 15
days after the date of the notice of termination;
(4)
Notice that unless the Department receives complete
payment of the amount shown prior to the date of termination, utility
service shall be terminated.
Any termination of service for any reason whatsoever
shall be limited in the following manner:
A.
The Department of Public Utilities shall terminate
service for nonpayment of utility charges and/or installments or surcharges
only during the hours of 9:00 a.m. to 3:00 p.m., Monday through Thursday.
No termination shall be performed on a legal holiday or on the day
before a legal holiday.
B.
No termination shall be permitted on a day when the
low temperature within the previous 24 hours was below 32° F.
If service to a residential customer has been terminated and not reinstated
by 5:00 p.m. on the day of termination when the low temperature within
the previous 24 hours was below 32° F., the Department of Public
Utilities shall notify the Police Department on the day of the termination
of the following:
The following regulations to assure backflow
protection are required:
A.
All applications must be accompanied with drawings
prior to approvals.
B.
The installation of fire lines requires application
through the Department of Public Utilities prior to construction.
C.
For uses with minor to intermediate cross connection
hazard, including but not limited to retail stores and shops, motels,
hotels, schools, office complexes, fire lines (city water systems
only), etc., a double check valve assembly must be installed.
[Amended 5-24-2022 by Ord. No. O-22-8]
D.
Any existing and proposed residential wells which
will be used for outside purposes only must be disconnected from the
Township water system, and all pumps, tanks and piping must be located
outside the building or dwelling. In addition, a factory assembled
dual double check valve must be installed.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
E.
For uses with major cross connection hazard, including
but not limited to chemical plants, sewage pumping stations, restaurants,
beauty parlors, attached retail units, industrial waste treatment
plants, commercial laundries, car washes, manufacturing plants, drug
and pharmaceutical plants, dry cleaners, gasoline stations, auto repair
shops, office complexes with x-ray and laboratory facilities or uses,
etc., a reduced pressure zone backflow preventor must be installed.
[Amended 5-24-2022 by Ord. No. O-22-8]
G.
All systems with backflow protection must install
expansion tanks on hot water tanks and boilers.
H.
All lawn sprinkler systems must be equipped with a
pressure vacuum breaker assembly.
I.
Backflow prevention devices shall not be installed
in pits or similar potentially submerged locations.
J.
In all instances where buildings are served by municipal
water for fire protection, a detector type (U.S. gallons) double check
valve assembly must be installed.
[Amended 5-24-2022 by Ord. No. O-22-8]
K.
All backflow protection device installations shall
be tested by a technician approved by the Utilities Superintendent
and state certified to test backflow devices.
[Amended 12-27-2005 by Ord. No. O-05-48]
Hydrant meter usage shall be at the discretion
of the Utility Superintendent.
A.
DEVELOPER
LONG-TERM USE
SHORT-TERM USE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
A period of time greater than three months.
A period of time not longer than three months.
B.
Application requirement. Any developer of new construction
within the Township shall apply to the Township Utilities Department
for either short-term or long-term hydrant use in connection with
a development project.
C.
Short-term use.
(1)
The developer or representative may apply to the Township
Utilities Department for short-term hydrant use.
(2)
A fee as provided in Chapter 150, Fees, shall be charged for short-term use of the hydrant. An additional charge shall be billed to the developer at the end of use.
(3)
A hydrant meter and backflow preventor shall be supplied by the Utilities Department (three-fourths-inch only). If a larger size meter is required as determined by the Utilities Department or as requested by the applicant, the hydrant meter and backflow preventor must be supplied by the applicant. The required backflow protection installation regulations set forth in § 351-18 shall be applicable to this Subsection C(3). If a hydrant meter and backflow preventor are supplied by the Utilities Department, they shall be promptly returned to the Utilities Department by the applicant at the end of the use period. A fee will be charged, as provided in Chapter 150, Fees, if the meter and backflow preventor are not returned promptly at the end of the use.
(4)
The hydrant to be used will be designated by the Utilities
Department representative. Proper and safe operation of the water
hydrant shall be the responsibility of the developer. Opening and
closing the hydrant as necessary shall only be conducted with hydrant
wrenches. Any damage to the hydrant as determined by the Township
Utilities Department shall be repaired by the developer. In the event
repairs are not effectuated, the Township reserves the right to charge
the developer the appropriate cost for repair as set forth herein.
D.
Long-term use.
(1)
The developer or representative may apply to the Township
Utilities Department for long-term hydrant use.
(2)
A fee as provided in Chapter 150, Fees, shall be charged for long-term use of the hydrant. An additional charge shall be billed quarterly to the developer.
(4)
The hydrant to be used will be designated by the Utilities
Department representative. Proper and safe operation of the water
hydrant shall be the responsibility of the developer. Opening and
closing the hydrant as necessary shall only be conducted with hydrant
wrenches. Any damage to the hydrant as determined by the Township
Utilities Department shall be repaired by the developer. In the event
repairs are not effectuated, the Township reserves the right to charge
the developer the appropriate cost for repair as set forth herein.
E.
Hydrant meter specifications. The hydrant meter shall
mount to the two-and-one-half-inch nozzle side barrel only. A reduced
pressure zone, backflow preventor shall be used in all installations.
A meter, allowing for readings in terms of 1,000 gallons, shall be
attached to the hydrant. A backflow preventor and shutoff valve must
be supplied on the influent and effluent side of the assembly. (See
attached drawing as Exhibit A.)[1]
[Amended 5-24-2022 by Ord. No. O-22-8]
[1]
Editor's Note: Exhibit A is on file in the
Clerk's office.
