This article shall be known as the "Borough
of Highland Park Water Ordinance." The rules and regulations herein
ordained, wherever applicable, shall be taken to be and considered
a part of the contract with every person supplied with water by the
Water and Sewer Department who shall be bound hereby and by the definitions,
terms and conditions and any supplements hereto and amendments hereof.
As used in this article, the following terms
shall have the meaning indicated:
The Water and Sewer Department of the Borough.
All pipes, other than service pipes, used for conveying or
distributing water in the Borough.
Any person actually owning any property or premises, which
is or can be prospectively supplied with water, or the owner's duly
authorized agent.
A dwelling, single or multifamily, or a building occupied
for industry, business or other purposes by one or more persons, together
with the land appurtenant thereto and such outbuildings as are used
exclusively in connection therewith or any part of a building with
the land appurtenant thereto when sold as a separate unit.
The pipe extending from the main into privately owned property
or premises for supplying water thereto.
The owner of any premises, or his authorized
agent, desiring to use Borough water or make a change in an existing
water supply to any premises, shall first make application in writing
to the Department for such water service, upon forms furnished by
the Department. Such application shall request permission to connect
to the Borough water system, subject to the provisions of this article,
and bear the consent and agreement that the applicant shall be bound
and governed by all the provisions of this article, and all rules
and regulations hereafter adopted by the Borough. Any misrepresentation
or omission of facts contained in any application shall be deemed
a violation of this chapter and voids the application.
[Amended by Ord. No. 1334]
A.Â
Written application for a permit to temporarily use
Borough water service in the construction or repair of buildings or
for other building purposes shall be made to the Department upon forms
furnished by the Department, by the owner of such premises or the
contractor for the work to be done. The character of the work contemplated
and the estimated quantities of the water to be used shall be specified
in such application.
[Amended by Ord. No. 1605]
Duly authorized agents of the Borough, upon
presentation of credentials provided by the Borough, shall have access
at any reasonable time to any and all premises supplied with Borough
water for the purpose of making any desired inspection thereof, including
the examination of the entire water supply and plumbing system upon
the premises and/or for the purpose of replacing the Borough water
meters. In case of emergency, access to any premises may be required
immediately. Any person who refuses to admit such duly authorized
agent for the purpose of such inspection and/or water meter replacement,
or hinders or interferes with him in the performance of such inspection
and/or water meter replacement shall be deemed to have violated this
article.
[Amended by Ord. No. 1034, Ord. No. 1334, Ord. No. 1605]
A.Â
Where an owner desires to discontinue permanently
the use of the Borough water to any premises, the owner shall make
a written request for discontinuance and shall furnish every tenant
and the Board of Health with a copy of the request. The request shall
be delivered to the Borough, all tenants and the Board of Health at
least seven days in advance of the date requested for discontinuance
of service. Upon receipt of the notice, and after all occupants of
the premises have vacated, the water shall be turned off at the main
at the expense of the owner. Thereafter, charges for water for the
premises shall not be made.
B.Â
In the event an owner or occupant desires to discontinue temporarily the use of Borough water to any premises, the owner or occupant shall make a written request for discontinuance and shall furnish every tenant and the Board of Health with a copy of the request. The request shall be delivered to the Borough, all tenants and the Board of Health at least seven days in advance of the date requested for discontinuance of service. Upon receipt of the notice, and after all occupants of the premises have vacated, the water will be turned off at the curb stop by the Water Department, provided that the notice states the period of requested discontinuance and the water will be turned on again, on the date indicated in the notice, following payment of any necessary charges in accordance with § 328-24D.
C.Â
Where the premises are left unoccupied or vacant,
no rebate will be allowed for water registered by the meter unless
the water is turned off at the curb stop as provided in this section.
D.Â
The Borough may, at its discretion, shut off water
from the premises of any owner or consumer after three days' notice
to the owner and consumer for any of the following causes:
(1)Â
The use of water for any property or purpose other
than that described in the application.
(2)Â
For waste of water through improper or defective pipes
or fixtures.
(3)Â
For failure to protect the water meter and connections
from injury or damage, or failure to properly maintain the service
line and fixtures owned by the person being served.
(4)Â
For molesting or tampering with any water service
pipe, meter, curb stop, seal or other appliance of the Borough.
(5)Â
For nonpayment of any charges or fees for water service.
(6)Â
Nonpayment of sewer charges.
(7)Â
For refusing to permit the duly authorized representatives
of the Borough to have access to the property for reasonable inspections.
(8)Â
For neglecting or refusing to repair a leak or renew
the water service pipe after receipt of written notice from the Superintendent
directing such repairs or renewals.
(9)Â
For refusing access to Department personnel and/or
representatives to replace the Borough's water meters.
E.Â
Water may be shut off without prior notice in case
of emergency. Notice shall be provided as soon as practical thereafter.
The use of air-conditioning systems utilizing
water without provision for circulation is prohibited.
[Amended by Ord. No. 1334]
A.Â
The Borough shall use diligence and reasonable care
to provide a constant supply of water to consumers, but in the event
of the failure to do so owing to accident, breakage of any water service
pipe, service cock or other fixtures, the flushing of water lines
and hydrants, or the shutting off of the water because of accidents,
repairs, extensions, alterations or any other necessity that may arise
or as otherwise provided in this chapter, or in the event of failure
to notify owner and consumers of a failure or accident or the shutting
off of the water supply, the Borough shall not be liable to any owner
and consumer or occupant for any personal injury or for any damage
which may result or for any damage resulting from the elements, or
for any accident, failure or breakage of pipes or any other occurrence
beyond the Borough's control. No part of any payment will be refunded.
The Water Superintendent shall have the right to shut off the water
to make extensions, alterations or repairs.
B.Â
The Borough shall not be liable for the maintenance
of any given pressure in the water system.
A.Â
No person other than the Water Superintendent, or
some person duly authorized by the Superintendent or the Borough Council,
shall be allowed to shut off or turn on the water in the public mains
or to open the stopcocks which are under control of the Department,
and all plumbers or persons engaged in making attachments thereto
must leave the stopcocks closed until permission shall be granted
by the Water Superintendent of the Department. The ferrule in the
public main, the pipe, curb boxes, stopcocks and the box attached
thereto, and all like fixtures between the public main and the private
pipes and fixtures, either on public or private property shall be
under the charge and subject to the directions of the Water Superintendent
of the Department and shall be kept in good repair and condition at
the expense of the owners of the premises supplied.
B.Â
No person except the Water Superintendent of the Department
or other person authorized by the Superintendent or the Borough Council
shall open or close the stopcocks or valves in any public or private
street main.
[Amended by Ord. No. 1368]
All persons who may be supplied with water from
any of the Borough mains shall keep their water service pipes from
the building to the Borough's water main, curb boxes, stopcocks, meters
and apparatus in good condition; shall be fully responsible for all
costs and expenses necessary to repair, replace, maintain and protect
all equipment; and shall prevent all unnecessary waste of water. Where
it becomes necessary for the property owner to repair a water service
pipe, only such service pipes as in the opinion of the Water Superintendent
are in sufficiently good condition to warrant these repairs shall
be allowed to remain in the ground. All other service lines shall
be replaced with a new line. Any unused service pipe connected to
any property shall be shut off at the main at the expense of the property
owner upon notice from the Superintendent that such pipe is leaking.
[Amended by Ord. No. 1253]
A.Â
Water service pipe shall be no less than one-inch
nominal diameter. All such pipe shall be installed at the expense
of the owner by a licensed plumber in accordance with the plumbing
subcode of the New Jersey Uniform Construction Code. If a nonmetallic
material is used, a metal tracer wire shall be incorporated in the
pipe.
B.Â
The property owner shall indemnify the Borough for
any loss or damage that may directly or indirectly be caused by the
installation of the water service pipe and its connection to the main.
C.Â
The nominal tap size shall not exceed 1/6 the nominal diameter of the main, except that a one-inch tap can be made in a four-inch diameter main. All other connections to the main shall be made with a tapping sleeve and valve. The Department will make one-inch taps in cast iron or ductile iron mains upon receipt of charges prescribed in § 328-24E. All other taps shall be furnished and installed by the property owner under the supervision of the Department. The property owner shall obtain any and all required permits for any street opening and shall make any and all excavations necessary to lay the pipe and to make the tap at the main. In the event the Department is required to furnish the tap, at least 48 hours' notice shall be given to the Department. In the event the Department is merely supervising the installation of the tap, 24 hours' notice shall be given to the Department.
D.Â
On each water service from a main to a building, an
approved gate valve or ground key stopcock or ball valve shall be
installed near the curbline between the property line and the curb.
The stopcock shall be provided with an approved curb box and shall
not be installed or located under a driveway. When taps are made with
a tapping sleeve and valve, a valve gate box shall be set at the main
and no stopcock need be set near the curbline.
E.Â
No water service pipe shall exceed 100 feet in length
unless written permission is obtained from the Superintendent.
F.Â
One building per connection; exception.
(1)Â
When new water service pipe is run to a building or
property, all unused water service pipe connected to this property
must be shut off at the main by the property owner. No more than one
building shall be connected to a water service pipe, provided that
under either of the following special circumstances the Superintendent
may permit two or more buildings to be connected to a single water
service pipe:
(a)Â
If all the buildings are owned by the same owner
and share the same lot and block numbers; or
(b)Â
If the buildings are on adjacent lots, the joint
water service pipe is four inches or more in diameter, and a written
agreement among the property owners creating an appropriate easement
and/or legal relationship and filed in the Registry of Deeds for Middlesex
County designates the owner of one property as being responsible for
the complete maintenance of the water service pipe.
(2)Â
In either instance, the water service pipe must be
certified in writing by the Superintendent of the Water and Sewer
Department to be adequate to supply the domestic demand and certified
in writing by the Fire Subcode Official as to required fire flows
for the property served.
A.Â
All municipal water used on any premises must pass through a meter, except for fire sprinkler connections and temporary water services for construction purposes in accordance with § 328-5.
B.Â
All persons using water supplied by the Department
shall have the duty of determining that such water is being supplied
through a meter. Any failure to do so shall not relieve such persons
from liability therefor and the Department shall determine the amounts
of water so used and the rates therefor.
C.Â
Meters of the size of one inch or less shall be furnished
by the Department; meters larger than one inch shall be furnished
and installed and maintained by the property owner. Such meters shall
register in cubic feet and meet the performance, capacity and size
standards of AWWA standard C-700, latest revision. Meters larger than
two inches shall be single register compound meters. The size and
capacity shall be subject to the approval of the Borough.
[Amended 9-14-2021 by Ord. No. 21-2032]
D.Â
Submeters which measure flows that have already passed through the meter shall be furnished, installed and maintained by the property owner, subject to approval of the Borough; such meters shall not be read by the Department except as otherwise provided in § 328-37.
[Amended 9-14-2021 by Ord. No. 21-2032]
All meter bypasses are outlawed and if a meter
bypass is used, both the owner and the plumber shall be guilty of
a violation of this chapter. The only time a jumper may be used is
to test the lines and after the test is finished, the water is to
be shut off at the curb and shall be turned on only by the Borough
after construction water has been paid for in advance. When meters
are removed for testing and repairs, a temporary meter shall be installed
and the Department notified.
[Amended by Ord. No. 1501]
All meters will require installation with a
remote register as approved by the Department. The Department shall
determine the size, proper location and the manner in which all meters
shall be installed and protected.
A.Â
Meter yokes shall be installed in a manner that provides
easy removal, replacement, inspection and reading of the meter.
B.Â
Meter yokes shall be located as near as possible to
the rear or side entrance of a building not having a basement.
C.Â
Under no circumstances shall meter yokes be installed
in kitchen or bathroom areas or crawl spaces.
D.Â
Meter yokes shall be installed in a manner that will
prevent unauthorized removal or tampering with a meter.
E.Â
Meter yokes shall be placed in a free and clear space
at least two feet by two feet.
[Amended by Ord. No. 1424; Ord. No. 1561; Ord. No. 1605]
A.Â
The owner of the premises where the meter is installed
shall be held responsible for its care and protection from freezing
or hot water or from other injury thereto or interference by any person.
In case of any injury to the meter or in case of its stoppage or imperfect
working, the owner shall give immediate notice to the Department.
B.Â
Where replacements, repairs or adjustments of any
meter, whether owned by the Borough or not, become necessary due to
the act, neglect or carelessness of the owner or occupant of any premises,
any expense to the Department caused thereby shall be charged to and
collected from the owner of such premises. In addition, the charge
for a meter, size 5/8 inches, whether owned by the Borough or sold
by the Borough to homeowners or plumbers for installing lawn sprinklers
or other purposes, when replaced due to neglect, freezing or carelessness,
shall be $300.
[Amended 10-19-2022 by Ord. No. 22-2060]
C.Â
Meters shall be sealed by the Department, and no person,
except an agent of the Department, shall disconnect, remove, break,
injure or in any way tamper with such seals.
[Amended by Ord. No. 1368]
A.Â
Upon the written request of the owner or occupant of the premises served by a meter furnished by the Borough, the Department, at its discretion, shall either directly or through a reliable outside agency test the meter to determine its condition and accuracy. A fee shall be charged in accordance with the schedule set forth in § 328-24B. In the event the meter is found to be inaccurate in excess of +/- 2%, it shall be repaired or replaced by the Department. The Superintendent may, in his discretion, adjust the water bill accordingly, for a period not exceeding one year from the date the meter is found to be inaccurate as defined herein, which adjustment shall be just and reasonable. If the meter, whether furnished by the Department or the owner, is inoperative and fails to register the amount of water consumed, the customer will be charged on the basis of the average daily consumption during the same period of the last year shown by the meter when operative.
B.Â
All meters furnished by the owner including meters
installed to read water supplied by a private well or a public utility,
shall be tested periodically at the expense of the owner in accordance
with the table below:
[Amended 9-21-2010 by Ord. No. 10-1791]
|
Meter Size
|
Test Interval
(years)
|
|---|---|
|
3/4 inches
|
8
|
|
1 inch to 1Â 1/2 inches
|
6
|
|
2 inches to 4 inches
|
4
|
|
6 inches and above
|
2
|
C.Â
Certified results of such tests shall be submitted
to the Department within 30 days of notification. If the meter registers
more than 2% faster or slower, it shall be promptly repaired or replaced
at the owner's expense.
[Amended 9-21-2010 by Ord. No. 10-1791]
D.Â
The Superintendent may order the testing of any meter,
whether installed to read water supplied by the Borough, a public
utility or a private well, at other times, if, in his opinion, the
meter may not be registering properly. Failure to comply with these
requirements shall be a violation of this chapter.
[Amended 9-21-2010 by Ord. No. 10-1791]
A.Â
It shall be unlawful for any person other than a duly
authorized agent or employee of the Borough or a member of the Fire
Department while engaged in the performance of his regular duties,
and for uses and purposes of such Department, to open or attempt to
open any of the fire hydrants or valves connected with any such waterworks
system of the Borough without such person first obtaining permission
from the Superintendent of the Department.
B.Â
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 of any fire hydrant. Any
such obstruction, when discovered, may be removed at once by the Borough
at the expense of the person responsible for the obstruction. The
cost of removal of the obstruction shall be in addition to any penalty
which may be imposed for a violation of this section.
The owner of any property upon which a fire
hydrant is located, including the owner of any property which abuts
a portion of a public street on which a fire hydrant is located, shall
have the duty of keeping the hydrant and the area immediately surrounding
it to a minimum radius of two feet free from snow, brush, weeds, debris
or any other thing which might impede access to the hydrant.
When two or more parties take water through
one existing service pipe, the provision in regard to cutting off
the supply pipe shall be applicable to all the parties, although one
or more of them may be innocent of any cause or offense.
In case of emergency by reason of drought or
otherwise, the Borough Council may by resolution adopt such temporary
restrictions upon the use of water as are necessary. For any violation
of the terms of such resolution, a fine as prescribed in Part 3 may
be imposed, and for repeated violations the supply of water of the
consumer may be shut off until such emergency ceases to exist.
[Amended by Ord. No. 1193; Ord. No. 1232; Ord. No. 1276; Ord. No. 1334; Ord. No. 1339; Ord. No. 1368; Ord. No. 1406; Ord. No. 1439; Ord. No. 1460; Ord. No. 1487; Ord. No. 1501; Ord. No. 1528; Ord. No. 1568; Ord. No. 1628; 5-2-2006 by Ord. No. 1683]
A.Â
Rates. The rate charged for all water used by each consumer shall
be as follows:
[Amended 2-17-2009 by Ord. No. 09-1754; 5-15-2018 by Ord. No. 18-1960; 11-7-2018 by Ord. No. 18-1973; 12-17-2019 by Ord. No. 19-1993; 10-19-2022 by Ord. No. 22-2060]
|
Usage Amount
(cubic feet)
|
Rate
|
|---|---|
|
0 to 799
|
$44.76 flat charge
|
|
800 to 999
|
$58.04 flat charge
|
|
1,000 to 3,499
|
$72.50 per 1,000 cubic feet
|
|
3,500 and up
|
$77.57 per 1,000 cubic feet
|
C.Â
All water that passes through a meter will be charged
for, whether the water is used or wasted.
D.Â
Estimated billings will be the average consumption
of the previous four quarters.
E.Â
When the Department is unable to gain access to the
premises to obtain an actual meter reading after three consecutive
estimated billings, subject to review and recommendation by the Superintendent
of the Department, the owner will be assigned a usage of 3,000 cubic
feet.
[Amended by Ord. No. 1193; Ord. No. 1237; Ord. No. 1334; Ord. No. 1424; 4-18-2006 by Ord. No. 1682]
A.Â
Fire protection services. A meter will not be required for those services which are primarily to be utilized for fire protection. However, the customer will be required to provide a meter service for his normal usage of water. The charges for the metered service will be in accordance with § 328-23 above. Fire protection services must be installed in accordance with Chapter 135, Building Construction.
B.Â
Meter tests. The charge for the test of the accuracy of any water meter owned by the Department made at the request of the property owner, in accordance with § 328-18, is $30, if the meter is accurate to within ± 2%. In the event the meter is inaccurate in excess of ± 2%, no fee shall be charged.
[Amended 9-21-2010 by Ord. No. 10-1792]
C.Â
Temporary water service during construction. The fee
for a permit for temporary water service during construction shall
be metered and charged $80 per 1,000 cubic feet.
[Amended 9-21-2010 by Ord. No. 10-1792; 10-19-2022 by Ord. No. 22-2060]
D.Â
Turning water service on. There shall be no service
charge for turning water service on during the Department's regular
working hours or at other times.
[Amended 9-21-2010 by Ord. No. 10-1792]
E.Â
Service tap. The cost of furnishing and installing one-inch taps in cast iron or ductile iron mains is $350. This cost includes furnishing the corporation cock and tapping the main and furnishing the curb stop and curb box in accordance with subsection § 328-12.
F.Â
Connection fee. In addition to all other charges and
fees prescribed in this subsection, a fee of $1,775 shall be charged
for providing water service.
[Amended 9-8-2009 by Ord. No. 09-1769]
G.Â
Special readings. There shall be no charge for a special
meter reading other than a reading in accord with the regular meter
reading schedule for the property in question.
[Amended 9-21-2010 by Ord. No. 10-1792]
H.Â
Rereading meters. Meters are normally read on a quarterly
basis. If the owner or occupant of a premises claims a meter reading
to be in error, the meter will be reread. Whether the reading is found
to be in error or to be correct, there will be no charge.
[Amended 9-21-2010 by Ord. No. 10-1792]
I.Â
Access to meters. Whether for regular readings or
rereadings, access to meters shall not be obstructed and meters shall
not be located in such a manner as to pose risk or injury to any personnel
authorized to perform such readings.
J.Â
Final water meter reading. The fee for final water meter readings
shall be $30.
[Added 10-19-2022 by Ord.
No. 22-2060]
K.Â
Water shutoff. The fee for the Borough to operate the water service line shut-off valve at the curb stop is $50. The fee for an unscheduled emergency water shutoff shall be $150. In accordance with § 328-11, the customer is responsible for the maintenance of the water service line from the water main to the building and as such the Borough is not responsible for any repairs that may be needed as a result of the shutoff.
[Added 10-19-2022 by Ord.
No. 22-2060]
