[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 12-4-1967;[1] amended in its entirety 12-3-2001 (Ch. 114 of the 1982 Code). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Fees — See Ch. 140.
Fire prevention — See Ch. 156.
Sewers and sewage disposal — See Ch. 262.
Subdivision of land — See Ch. 290.
[1]
Editor's Note: On 12-28-1955, the Mayor and Council adopted
an ordinance consolidating the water utility system and sewer utility
system, said systems to operate as one utility under the control and
supervision of the Mayor and Council.
In the enforcement of this chapter, the following definitions
shall apply:
Any person within the Borough of Swedesboro who uses water
for the commercial production of agricultural commodities.
[Added 3-4-2002]
Any premises housing more than one family.
The Borough of Swedesboro, County of Gloucester, New Jersey.
The Superintendent of Public Works or his duly authorized
designee.
Two premises or apartments, depending upon the number of
families housed.
A system in which meters are used at all strategic points
on main supply lines, pumping stations, reservoir outlets, connections
to other political subdivisions and at each consumer's service.
Any property owned by an individual or corporation, no part
of which is used for human habitation, or if inhabited, a single house
or 1/2 a double house housing only one family.
State of New Jersey.
The water and sewer systems are to be operated as one utility
and under one control, to be designated as the "Water and Sewer Department
of the Borough of Swedesboro."
The Superintendent of Public Works appointed by the Borough
shall exercise a general supervision and shall be in direct general
charge of the water and the sewerage system of the Borough of Swedesboro,
subject to such ordinances and resolutions as may be passed from time
to time by the Borough and the general supervision of the Mayor or
his/her designee. Hereafter, when the term "Superintendent" shall
be used in this chapter, it shall be interpreted to mean the Superintendent
of Public Works as set forth above. The Superintendent shall have
the authority to establish rules, policies and procedures regarding
the Water and Sewer Department to implement and supplement the provisions
of this chapter. Prior to the implementation of any such rules, policies
or procedures, the same shall be approved by the Mayor or his/her
designee. A complete copy of all approved rules, policies and procedures
shall be maintained by the Superintendent and shall be available for
public inspection during regular business hours. The Superintendent
shall be responsible to file a complete copy of all such approved
rules, policies and procedures with the Borough Clerk.
Annually, at the first meeting of the Council in each calendar
year or as soon thereafter as may be practical, the Council shall
appoint a committee from its members, who shall exercise a general
supervision of the Water and Sewer Department of the Borough.
The Public Utilities Clerk shall have charge of all the books
of the Water and Sewer Department; shall make all collections for
water rentals; and shall issue permits, after compliance with the
subsequent provisions of this chapter and upon payment of the required
fees for the opening of any street, for the introduction of water
facilities into any new premises of any street, and for the introduction
of water into any new premises already supplied in conformity to this
chapter or subsequent amendments thereto. The Public Utilities Clerk
shall not be entitled to receive any of the fees for violations of
subsequent provisions of this chapter.
A.
All applications for the introduction of water facilities into any
premises or its supply for any purpose or for the extension of any
private pipe for the conveyance of such water or the changing of any
fixture already installed under a previous permit must be made in
writing to the Superintendent of Public Works, on forms supplied by
him at the expense of the Borough, and shall be made at least three
days before ground shall be broken for the purpose or before work
shall be commenced. The owner of the premises or his or her properly
authorized agent may issue a permit, in triplicate, for the required
supply of service, in which the date, name of the owner of the premises
to be supplied and to whom issued, the location of said premises,
the size and type of service to be installed, the purposes for which
the water is to be used, the number of families occupying the premises
and the rate to be charged shall be specified. The Public Utilities
Clerk shall keep a copy of the permits so issued and the name of the
person so contracting for a supply of water facilities. A copy shall
be given to the owner, and a copy shall be retained by the Superintendent.
Upon demand, said application shall be accompanied by proof that the
applicant is the owner of the land across which pipes are to be laid
and the premises to be served.
B.
Applications for water shall be made for each and every dwelling,
commercial and industrial unit. At the time of issuing a permit for
water service, the applicant shall pay to the Public Utilities Clerk,
in addition to any costs or charges for replacement of street surfaces,
a charge according to N.J.S.A. 40:26-11.
C.
All connections to the water main shall be made by the Superintendent
of Public Works or his authorized agent. The connections shall be
inspected by the Superintendent of Public Works or his authorized
agent.
D.
In the event that the permit is secured by an applicant who already
is serviced with Borough water and the purpose of this permit is to
replace or separate two or more services from one existing line from
the main to the curb, the charge shall be 10% of the aforesaid charge
for each connection made.
Before any water shall be admitted into any private pipe, a
water meter shall be installed pursuant to this chapter. The turning
on of the water from the main into any private pipe is prohibited
unless the work is first inspected by the Superintendent of Public
Works or his duly authorized agent.
The Borough Council shall have the authority to fix water rental
rates and, in case prompt payment of rent is not made according to
regulations adopted by said governing body, to cause said water to
be shut off from such houses, tenements, buildings or other premises
so supplied and not to turn the same on until all arrears, including
interest and penalties, shall be fully paid.
A.
All new services or connections made to a water main with water being
supplied by the Borough of Swedesboro shall be attached to a water
meter, said water meter to be installed by the Borough and paid for
by the owner or developer. All meters shall be maintained by the Borough
so far as ordinary wear is concerned, but if, in the judgment of the
Superintendent, damage is caused by freezing, hot water or external
causes, a charge for the repair of such damage shall be made to the
owner.
B.
Meters shall be placed in locations approved by the Superintendent.
C.
The cost of any damage done to the meters or meter boxes, by other
than Borough employees, shall be paid for by the owner within 60 days
after the date of billing. If said bill(s) is not paid by this date,
the water shall be shut off until such charges are fully paid.
If any person or persons, corporation or corporations, plumber or plumbers shall violate any provision of this chapter, he or she or it shall, upon conviction, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Said fines, when recovered, shall belong to the Borough of Swedesboro.
A.
Any person or persons who may hereafter contract for supply of water
shall cause pipes conducting the same from the corporation stop, in
the main pipe, to the curb stopcock to be of Type K copper of United
States manufacture, and the pipes and fixtures on private premises
shall be of such strength and quality as will prevent accidents from
leakage and waste of water.
B.
The Superintendent is forbidden to attach corporation stops, or permit
any other person to attach the same, to pipes of different quality
from that required by this chapter.
C.
All connections shall be supplied with a good and sufficient stopcock,
which shall be covered with a good and sufficient box, at least three
inches in diameter, leading from the same to the surface of the sidewalk;
the cover of the same to have the word "water" thereon and to be placed
on the sidewalk within one foot of the curb. All pipes, stopcocks
and other fixtures used shall be subject to inspection and approval
of the Superintendent.
D.
The service pipe on all attachments and appurtenances used in supplying
water from corporation stop in the main to the point of delivery must
be supplied by the owner of the premises and purchased from the Borough
of Swedesboro. The curb stop shall be under the exclusive control
of the Borough of Swedesboro for shutting off or turning on water,
but must be securely protected by the owner from becoming obstructed.
E.
No persons, except for the Mayor or his/her designee or the Superintendent,
shall be allowed to shut off or turn on the water in public mains
or to turn off the water at any of the aforesaid stopcocks, and all
plumbers or other persons engaged in making attachments thereto must
leave the stopcocks closed.
F.
The corporation stop in the public main and the pipe and curbstop
attached thereto are to be in charge of and subject to the directions
of the Superintendent.
G.
All properties designated by the Superintendent as requiring a backflow
prevention device shall install an approved device. The user shall
be responsible for complying with all current state regulations regarding
backflow prevention.
No person or persons shall supply water from his/her pipes to
other persons or facilities except on written permission from the
Mayor or his/her designee and the Superintendent. Any person so offering
to supply water to another from his/her pipes without written permission
shall have his/her supply of water stopped, and any rent already paid
shall be forfeited.
[Amended 11-16-2009 by Ord. No. 25-2009]
Borough employees or other persons authorized by the Mayor or
his/her designee and the Superintendent shall, at all reasonable hours,
have free access to all parts of the premises to which water is supplied
for the purpose of meter readings, inspections, examinations of fixtures,
replacement of the meter, etc. Failure to allow access will result
in termination of the water service and charging of applicable fees.
No changes or additions in any plumbing in any building within
the Borough of Swedesboro shall be made without first securing a permit
from the Borough Construction Code Official, the permit to set forth
the installation desired.
Every contract that may or shall be made by the Superintendent
with any person or persons for supply of water by a private pipe shall
be deemed and considered a permanent contract, unless either party
desires to make a new contract at the termination of any year, in
which case the Superintendent or the person or persons using the water
service, as the case may be, shall have the power, by giving three
months' notice in writing to the opposite party, to annul and
make void the existing contract at the end of any one year.
All permits shall be granted and all service shall be extended
upon the express condition that, if from any cause the supply of water
should fail, the Borough shall not be liable for any damages which
shall arise in consequence thereof.
All persons who may be supplied with water from any of said
mains shall keep their own service pipe and apparatus in good order
and repair and protected from frost, at their own risk and expense,
and shall prevent all unnecessary waste of water. It is expressly
stipulated that no claim shall be made against the Borough by reason
of the breaking of any main, service pipe or other fixtures or from
damage arising from shutting off water to repair a main or make private
connections with the same, provided that notice shall be given to
persons using water for steam purposes if requested in writing and
registered with the Superintendent.
In all cases where the water has been turned off for nonpayment
of water rent or for the violation of any of the provisions of this
chapter or any of the rules and regulations relating to the use of
water, it shall not be turned on again until all the expenses attending
the turning off and on of the water, together with the rent and fine
and penalty that may be due, shall be paid in full.
All private pipes shall be laid a depth of not less than 42
inches below the surface of the ground; and every plumber or other
persons employed in laying such private pipes shall, for each neglect
of the provisions herein contained, be liable for any penalty contained
herein and be liable for the expenses incurred in taking pipe and
relaying such private pipes to the required depth. In all cases wherein
opening shall be made in any of the streets, lanes or alleys of the
Borough for the purpose of connecting any private pipe with the public
main or for extending, repairing, renewing or removing said private
pipe, the paving shall be filled up as soon as the circumstances will
permit and the road bed or surface of the street and the paving and
curbs firmly relaid and fixed in good order, at the sole cost of the
owner of said private property. No private pipes shall be laid in
any privately owned driveway or alley or closer than six feet to fire
hydrants nor in the same trench with a gas pipe.
It shall be prohibited for any person to permit the water to
flow unnecessarily from any part of a private pipe or fixtures thereof
or to permit any waste or water on his/her premises, either within
a building or enclosure on any street, court or alley. In all cases
where several premises receive a supply of water by branches, hydrants
or other fixtures uniting with a common pipe in repair, and the case
of waste by leak or leaks therefrom or from any other cause, shall
be severally liable. If at any time it shall be necessary to repair
a pipe within the limits of any street, court or alley, a permit shall
be first taken out for so doing, and the expense for repaving and
repairs shall be paid by such owner.
The Superintendent or his agent is authorized to inquire at
any premises or other place where there is unnecessary waste of water
into the cause of same, and if said waste arises from want of repair
in the pipes or other fixtures and if the owner of said premises shall
neglect or refuse, upon 24 hours' notice in writing being given,
to have the necessary repairs made forthwith, said Superintendent
or other authorized person shall be and is hereby authorized and empowered
to shut off the water leading to such premises.
In case the Superintendent shall have reason to believe that
there is actual or probable evasion or disregard of the provisions
of any ordinance, rule or regulation relating to the distribution
of water in any building, lot of ground or premises into or through
which pipes for conducting a supply of water may be laid, it shall
and may be lawful for the Superintendent or other persons authorized
by him to enter at all times into such building, lot of ground or
premises for the purpose of examining the pipes or conduit or other
fixtures and to ascertain whether the same are in proper order and
repair and for cutting off the pipes or communications or shutting
off the stopcocks or detaching the stopcocks where delinquencies occur
in the payment of water rents. It shall be unlawful for any person
to obstruct, prevent or oppose the aforesaid persons in making such
examinations or to turn on the water or cause the same to be turned
on without authority.
It shall be prohibited for any person or persons who have been
permitted to introduce upon his, her or their premises a fire hydrant
for the protection of their property from fire to use or permit the
hydrant to be used for sprinkling or washing the yards or streets,
filling wells, boilers or tanks or for any purpose whatever except
its legitimate use for the extinguishing of fires.
It shall be prohibited for any person or persons to open or
use any fire hydrant for building purposes, street sprinkling or any
other purpose, except for the extinguishing of fire in the neighborhood,
or to permit any person in his/her employ to open or use any fire
hydrant, except as aforesaid, without a permit form that purpose.
Permits shall be obtained from the office of the Borough Clerk. Bulk
water rate shall be charged.
It shall be prohibited for any person or persons to obstruct
the access to any fire hydrant, stop valve or other fixtures connected
with the supply of water to the Borough by placing thereon or within
10 feet thereof stone, brick, lumber, dirt or any other material or
order the same to be placed by anyone in their employ or to park any
automobile, motor truck or other vehicle with 10 feet thereof. If
any person or persons neglect or refuse to move the above forthwith,
after written notice given by the Superintendent or other authorized
person, said Superintendent or authorized person may remove the same,
and the expense of attending such removal shall be paid for by the
party so offending.
Where it is desired to supply water to auxiliary pumps, the
owner of the premises shall provide a tank into which the water shall
be discharged or an approved backflow preventer before going to the
pump, and no direct communications with the street mains will be allowed.
All such supplies shall be metered and charged at the bulk water rate.
The wrenches of the fire hydrants shall be in the charge of
such person or persons who may be designated by the Superintendent.
Fire hydrants shall not be opened for any purpose except for the extinguishing
of fires and except by permission of the Superintendent.
No person or persons shall break, injure or do any damage whatsoever
to any engine, pump or machinery or to any engine house or other structure
or to any pipe, valve, stopcock, fire hydrant or other fixtures or
appurtenances pertaining to or connected with the waterworks or shall
break down or injure the fences, embankments or any other part of
the grounds or shall enter the lots in which the tanks, buildings,
or structures are enclosed without permission or shall dig or break
the earth in any of the roads, streets, lanes, alleys or grounds for
the purpose of disturbing, moving or injuring the pipes or other fixtures
or appurtenances or of obstructing the passage of water through the
same.
The Borough reserves the right to change the rules and regulations
and the rates for the use of water from time to time; to make special
rates or contracts in all proper cases; to shut off the water for
alterations, extensions and repairs; and to stop and restrict the
supply of water whenever it may be found necessary. The Borough shall
not be liable under any circumstances for a deficiency or failure
in the supply of water, whether occasioned by shutting off water to
make repairs or connections or for any other cause whatsoever.
In the opening of any street, alley or public grounds for the
introduction or repair of any water service pipe under authority of
a permit from the Superintendent, both the owner and the contractor
so opening said street, alley or public ground shall be held responsible
therefor, and all due precautions as required by OSHA standards and
other necessary means to prevent and avoid accidents shall be taken
and made by said owner and contractor. A final inspection by the Superintendent
or his/her designee shall be required at the completion of each said
opening.
A.
All meters or measuring devices installed or required to be used
shall be under the control of the Borough and accessible to the Borough's
representative during the operational hours of the industry. The industrial
user for whom such measuring equipment is installed at its own expense,
shall be responsible for:
(1)
Maintenance and safekeeping.
(2)
All repairs, whether by normal wear or other causes.
(3)
Annual certified calibration by the manufacturer.
(4)
Supply replacing of daily and recording charts and safekeeping of
the charts until collected by the Borough's agents. Borough personnel
will be permitted to enter all properties of the industry for the
purpose of inspection, observation, measurement, sampling and testing.
B.
Cost for repairs or calibration, if paid for by the Borough, shall
be reimbursed to the Borough within 30 days after written notification
of such payment by the Borough.
The Borough's representatives shall have access during
all reasonable hours to the premises housing water meters for the
purpose of determining rate of water consumption.
All premises shall have separate water service from the main
to the curb, and no more than one premises shall be allowed on one
line. Where more than one premises is serviced on one line from the
main to the curb, the Mayor or his/her designee and/or the Superintendent
shall, as soon as practicable, notify the property owners who are
in violation of the provisions of this chapter, and said property
owners shall, within 30 days of the receipt of said notice, secure
a permit and have separate services installed. If the property owners
fail to secure a permit and complete the separate services within
the aforesaid 30 days, the Borough of Swedesboro shall proceed to
have said separate services installed and assess the cost thereof
(including connection permit fees and street opening fees) against
the owners of the premises. All buildings, structures or facilities
of any kind located on premises abutting the water lines of the Water
and Sewer Department are required to make connections with said waterlines
in a manner as herein provided. If any premises is located on the
rear of a lot occupied by another premises on the front of the lot,
a permit for such connection shall be required as an entirely separate
water line from the rear premises directly to the water mains in the
street.
[Amended 11-16-2009 by Ord. No. 25-2009[1]]
A.
Meter service. Service charges for repair to tampered meters and fees for tests of meters at the customer's request shall be as set forth in Chapter 140, Fees.
B.
Service fees.
(1)
Fees to turn on/turn off for any reason shall be as set forth in Chapter 140, Fees.
(a)
Turn water service on. Water service will not be activated until
all permits, taxes, escrow balances and or municipal liens are satisfied
for said property.
(b)
Turn water service off. In addition, the usual rate charge shall
be imposed for the remainder of the billing period in which the water
is shut off. Shutoff shall not be effective unless made at the curb
stopcock with the approval of the Water and Sewer Department. Such
charges shall be assessed against the property.
(2)
Service charges to restore service where customer has turned water back on at curb after the Borough shutoff for delinquency and Borough preventative action was required shall as set forth in Chapter 140, Fees.
(3)
The charge for a bad check for check issued at time of shutoff, and said check is returned by bank for insufficient funds, shall be as set forth in Chapter 140, Fees.
(4)
Payment of charges with unspecified due date shall be due and payable
when presented.
D.
Private fire protection charges.
(1)
There shall be charged for each private hydrant a fee as set forth in Chapter 140, Fees. Private hydrants are hydrants that are located on private property and would not be immediately accessible for public fire use.
(2)
If fire protection systems are serviced by a water service that is separate from main water service, then private fire protection rates as set forth in Chapter 140, Fees, shall apply.
(3)
Bills for fire protection system service shall be payable quarterly in advance of January, April, July and October. Bills shall be due 10 days after mailing. Interest shall be calculated as set forth in § 332-36C.
(4)
The size of a private fire service connection shall in no case exceed
eight inches in diameter.
(5)
The rate provided in this subsection shall be available only for service connections used exclusively for the extinguishment of fires. This connection must be metered to determine if water is used for other purposes. If it is determined that the connection is being used for other purposes, then the regular billing rates schedule under § 332-36 shall apply.
[Amended 11-16-2009 by Ord. No. 25-2009]
A.
The price to be paid for the use of water furnished by the Borough mains to premises connected to a water meter shall be as set forth in Chapter 140, Fees. These charges shall apply to each unit for which water service is provided by the Borough. For the purposes of this chapter, "unit" is defined and shall be considered as a single-family dwelling or single, separate dwelling space, such as 1/2 of a double house, an apartment or each separate dwelling in a multiple dwelling. "Unit" shall also mean each business place or establishment where water is used from a spigot or other connection, whether or not such business or establishment is connected with a dwelling space.[1]
B.
Malfunction of meters. If a meter fails to register or registers
improperly, the consumer shall be charged an amount based on consumption
shown by previous readings figured pro rata to the time when the meter
is ascertained to be working properly.
C.
All bills for water are due when presented. Interest will be charged
10 days after the billing date at 8% per annum for bills up to $1,500.
Bills in excess of $1,500 will be charged interest of 18% per annum.
D.
Water rates. Basic water service shall be payable quarterly in advance
of January, April, July and October. Excess water usage shall be billed
in the quarter immediately following the quarter in which the excess
water usage was accrued.
[Amended 5-20-2002]
A.
No person shall use water from the supply being provided by the Borough
in excessive or unnecessary quantities (including but not limited
to the watering of lawns, the washing of cars, the use of water sprinklers,
etc.) during any declared emergency period during which the use of
such excess water may, in the opinion of the committee, endanger the
water supply and thereby affect the public welfare. Before any such
emergency shall be held to exist, the Mayor and Borough Council shall
publicly declare the same and shall publish a notice thereof providing
for such emergency period in any newspaper published or circulated
in the Borough.
Should a leak, stoppage or another disruptive condition occur
in a water line which is a user's responsibility to keep in good
working order and should an inspector from the Borough or County Department
of Health declare that such condition is a threat to the health of
the community, then, after 24 hours' written notice to the user
or such other notice as is reasonable under the circumstances, the
Borough of Swedesboro shall have the right to have its employees or
privately employed workmen correct the condition and to assess the
cost of said correction as a lien or charge upon the premises, in
the same manner as unpaid fees for the use of the Borough's water
system become a lien against the premises, without further action
by the Borough. For the purposes of this section, "user" shall be
defined as an individual, organization, association or other entity
which owns real estate on which premises are connected to the Borough's
water supply system. The user's responsibility for maintenance
of the water system shall commence with the curb stop and continue
throughout the length of each user's water service line.
All structures located on premises within the Borough of Swedesboro
and adjacent to the Borough of Swedesboro waterlines be and hereby
are required to connect and tie into the water system of the Borough
of Swedesboro.
[Added 12-2-2002]
A.
In order to conserve the water reserves of the Borough of Swedesboro,
between the months of April and October outside water usage shall
be on alternate days as designated by the house or box number of the
person or business. Persons or businesses having even house or box
numbers may use water for an outside purpose on an even day of the
week. Persons or businesses having odd house or box numbers may use
water for an outside purpose on an odd day of the week.
B.
Outside water usage shall include the following: the watering of
lawns and plants, the filling of pools and the washing of cars.
