[HISTORY: Adopted by the Borough Council
of the Borough of Pennington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-12-1997 by Ord. No. 97-7]
[Amended 4-30-2001 by Ord. No. 2001-2; 6-10-2005 by Ord. No.
2005-7; 2-27-2006 by Ord. No. 2006-1; 5-7-2007 by Ord. No.
2007-6; 2-11-2008 by Ord. No. 2008-1; 2-1-2010 by Ord. No.
2010-3; 4-5-2010 by Ord. No. 2010-5; 2-7-2011 by Ord. No.
2011-1; 2-2-2015 by Ord. No. 2015-1; 3-20-2017 by Ord. No. 2017-6]
Base and usage charges for water and sewer customers and related provisions are set forth in § 98-41 of the Code.
[Amended 6-10-2005 by Ord. No. 2005-7; 2-27-2006 by Ord. No.
2006-1; 5-7-2007 by Ord. No. 2007-6; 2-11-2008 by Ord. No.
2008-1; 4-5-2010 by Ord. No. 2010-5]
A.
There is hereby established a quarterly standby fee for private fire-protection systems regardless of the rate or quantity of that service. The amounts of the fee, which shall vary by size of private line and be collected on a per-connection basis, are set forth in Chapter 98 of this Code as may be amended from time to time.
B.
Customers who are late in making payment of the standby
fee will be given notice as to their deficiency in payment, and a
copy of this notice shall be sent to the customer's insurance carrier.
C.
Standby fees shall be due on March 1, June 1, September
1 and December 1.
[Amended 2-27-2006 by Ord. No. 2006-1; 5-7-2007 by Ord. No.
2007-6; 2-11-2008 by Ord. No. 2008-1; 4-5-2010 by Ord. No.
2010-5]
A.
There are hereby established standard connection fees as set forth in Chapter 98 of this Code as may be amended from time to time.
[Amended 2-2-2015 by Ord.
No. 2015-2; 9-7-2016 by Ord. No. 2016-16]
B.
Connection
fees shall be paid by all persons connecting to the water and/or sewer
system, based upon the product of the connection fee multiplied by
the number of equivalent dwelling units, as determined and/or approved
by the Superintendent of Public Works, or designated representative.
C.
Any change
in use or increase in the same use of any existing property or facility
shall be subject to review and reevaluation of the water and sewer
connection service and the number of equivalent dwelling units assigned
to the project. Any increase in the number of equivalent dwelling
units shall subject the applicant to additional connection fees.
D.
Connection
fees shall be due prior to the installation of the physical connection.
[Amended 6-10-2005 by Ord. No. 2005-7; 2-27-2006 by Ord. No.
2006-1; 5-7-2007 by Ord. No. 2007-6; 2-11-2008 by Ord. No.
2008-1; 4-5-2010 by Ord. No. 2010-5; 2-3-2016 by Ord. No. 2016-1]
Taps into the water and sewer system shall be performed by the
property owner’s plumber in accordance with a plan approved
in advance by the Borough Engineer. All related expenses shall be
the sole responsibility of the property owner.
[Amended 6-10-2005 by Ord. No. 2005-7; 2-27-2006 by Ord. No.
2006-1; 5-7-2007 by Ord. No. 2007-6; 2-11-2008 by Ord. No.
2008-1; 4-5-2010 by Ord. No. 2010-5]
A.
Meters one inch or less in size shall be provided by the Borough.
Meters greater than one inch are provided by the applicant and must
be approved by the Superintendent of Public Works or designated representative.
[Amended 2-2-2015 by Ord.
No. 2015-2]
B.
The charges for meters purchased from the Borough are set forth in Chapter 98 of this Code as may be amended from time to time.
C.
Meter fees shall be due at the time of delivery of
the meter.
[Amended 6-10-2005 by Ord. No. 2005-7; 2-27-2006 by Ord. No.
2006-1; 5-7-2007 by Ord. No. 2007-6; 2-11-2008 by Ord. No.
2008-1; 4-5-2010 by Ord. No. 2010-5]
A.
Plan approval and inspection fees for service connections, lateral connections and determination of construction cost for off-site improvements shall be established as set forth in Chapter 98 of this Code as may be amended from time to time.
[Amended 2-3-2016 by Ord.
No. 2016-1]
[Amended 11-6-2000 by Ord. No. 2000-9; 6-10-2005 by Ord. No.
2005-7; 2-27-2006 by Ord. No. 2006-1; 5-7-2007 by Ord. No.
2007-6; 2-11-2008 by Ord. No. 2008-1; 4-5-2010 by Ord. No.
2010-5]
The Borough shall be reimbursed for administrative charges, including interest on unpaid accounts, returned checks, account setups and closeouts and non-quarterly or additional meter readings, as set forth in Chapter 98 of this Code, as may be amended from time to time.
[Amended 6-10-2005 by Ord. No. 2005-7; 2-27-2006 by Ord. No.
2006-1; 5-7-2007 by Ord. No. 2007-6; 2-11-2008 by Ord. No.
2008-1; 4-5-2010 by Ord. No. 2010-5]
Application and review fees payable to the Borough are set forth in Chapter 98 of this Code.
[Amended 11-6-2000 by Ord. No. 2000-9; 4-13-2015 by Ord. No. 2015-3]
A.
Where Borough property (meters, outside readers, etc.) is damaged
by tampering or other act or neglect by the owner or user of the property
being serviced and requires replacement or repair, the property owner
shall be responsible for the cost of replacement or repair, including
all labor and materials necessary for restoration, except in cases
of normal wear and tear and for normal maintenance and upgrade unless
otherwise provided in this Code.
B.
If the owner or user of a property being serviced, or his/her or its servant or agent, damages a portion of the water or sewer system either by acts performed or failure to act where action is indicated and thereafter the Borough must mobilize its Water and Sewer Departments and shut off or turn on water services, or cause the clearing of a line stoppage or the repairing of the system, the cost of the work performed by the Borough shall be charged to the property owner in accordance with the fees established in § 206-6 hereof.
[Amended 2-1-2021 by Ord. No. 2021-1]
Such charges for use of sewers and water shall
be due and payable quarterly on January 31, April 30, July 31, and
October 31 at the same places that taxes on real estate shall be payable.
Charges unpaid after 30 days shall be charged interest at the same
rate of interest charged upon real estate taxes. Unpaid sewer and
water charges shall be a lien upon the premises connected until paid,
and in the event any such charge shall remain unpaid, such charge,
with interest and costs, shall be collected by means of the same remedies
as are provided by law for collection of taxes on real estate.
[Amended 11-6-2000 by Ord. No. 2000-9]
All connections to the water and/or sewer lines
of the borough shall be done in accordance with the rules and regulations
of the Pennington Borough Water and Sewer Department, regulations
of the Stony Brook Regional Sewerage Authority, regulations of the
New Jersey Department of Environmental Protection, the regulations
of the Department of Consumer Affairs and the National Plumbing Code,
all as may be modified and amended from time to time. A copy of the
rules and regulations of the Pennington Borough Water and Sewer Department
may be obtained from the Borough Superintendent of Public Works.
The Superintendent of Public Works, or designated
representative, shall be responsible for verifying actual water and/or
sewerage flow from users of such services within the borough. All
users by accepting the services provided by the borough shall have
consented to inspection of their water meter or water and/or sewer
hookup by the Superintendent of Public Works or designated representative.
A.
It shall be illegal for any person to take water from
the Borough water system without payment or cause water to be discharged
to waste.
B.
It shall be illegal for any person to allow surface water runoff or groundwater to enter into the sanitary sewer system, including such sources as roof leaders, yard drains, cleanouts, footing drains, cellar drains, basement drains and sump pumps. Any person who violates this article shall be subject to the fines as further described in Chapter 159, Sewer Use.
C.
It shall be illegal for any person to take, or cause
to be taken, water from any public fire hydrant of the Borough without
prior permission of the Superintendent of Public Works or his/her
designated representative.
[Added 11-6-2000 by Ord. No. 2000-9]
D.
It shall be illegal for any person to have, or cause,
any physical connection between the Borough water system and any facility,
or other system, which has sources of water which may be contaminated
or of questionable or unknown quality and/or facilities with cross-connection
hazards over which the Borough has little or no control for the purpose
of protecting the Borough water system from backflow from such other
facility or system.
[Added 11-6-2000 by Ord. No. 2000-9]
E.
It shall be illegal for any person to operate, or
cause to be operated, any valve or curb stop of the Borough water
system without the prior permission of the Superintendent of Public
Works or his/her designated representative. The foregoing notwithstanding,
in the event of an emergency the affected property owner or his/her
designated representative shall immediately notify the Borough Public
Works Department or the Borough Police Department and request assistance
in operating the valve or curb stop. If the Borough Public Works Department
does not respond to the call within one hour from the time of the
phone call for assistance then the affected property or his/her designated
representative may operate the valve or curb stop.
[Added 11-6-2000 by Ord. No. 2000-9]
F.
It shall be illegal for any person to work on any
plumbing system in the Borough without first obtaining a permit from
the Borough Construction Code Official in those instances in which
a permit is required by the Uniform Construction Code. The foregoing
notwithstanding, only licensed plumbers shall perform the actual connection
for water softeners, water treatment or filtration units and any lawn
or ground irrigation systems to the water supply of the property where
backflow preventor is to be installed.
[Added 11-6-2000 by Ord. No. 2000-9]
[Added 11-6-2000 by Ord. No. 2000-9]
Any existing property in the borough which is
using a well as its source of water, whether potable or for other
purposes, shall either:
A.
Cause the existing well to be sealed in accordance
with regulations issued by the New Jersey Department of Environmental
Protection or the State Department of Health, as the case may be (documentation
provided to the borough); or
B.
Install on the public service line an approved backflow-prevention
device, as defined by the New Jersey Department of Protection and
as approved by the Borough Superintendent of Public Works.
[Amended 11-6-2000 by Ord. No. 2000-9; 4-5-2010 by Ord. No.
2010-5]
Upon the sale of a property served by the water or sewer system, an inspection of the interior of the unit shall be required in order to ensure that the water and/or sewer service connections have not been altered or damaged (including meters, readers, sump pump connections, etc.). Any alterations or damages required to be repaired will be the responsibility of the seller of the property. Notice of the impending sale shall be given to the Borough at least ten days prior to the anticipated closing date. The fee for this inspection is set forth in Chapter 98 of this Code, as may be amended from time to time. The fee is doubled for an inspection on less than the required ten-day notice. The fee for this inspection will be covered under the account closeout line item.
[Amended 12-6-1999 by Ord. No. 99-14; 11-6-2000 by Ord. No.
2000-9]
Any person who violates this chapter shall be
subject to a fine of not less than $200 nor more than $500, nor more
than $1,000 for any subsequent offense, as well as imprisonment for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof, as well as being responsible
to reimburse the Borough for the cost of the water consumed, waste
discharged, or damages to the Borough systems.
A.
Approved backflow prevention devices shall be required
on all physical connections between the Borough water system and any
facilities which have sources of water which may be contaminated or
of questionable or unknown quality, and/or facilities with cross-connection
hazards over which the Borough has little or no control for the purpose
of protecting the Borough water system from backflow from such other
facility.
B.
In addition to the list contained in Appendix A of
N.J.A.C. 7:10, Subchapter 10, Physical connection and cross-connection
control by containment, the following is a list of additional types
of facilities which are considered as possible cross-connection hazards:
a building with fixed irrigation systems.
C.
Approved backflow prevention devices shall be tested
by a licensed and appropriately certified plumber once every three
years. A copy of the certification shall be provided to the Borough
on or before the three-year anniversary date of the installation of
the backflow device. Failure to submit the required documentation
shall be considered an illegal action.
[Adopted 5-12-2008 by Ord. No. 2008-3]
A.
All water meters greater than one inch shall be installed,
maintained, repaired and replaced pursuant to the rules and regulations
of the Pennington Borough Water and Sewer Department.
B.
All water users having meters greater than one inch
shall have these meters calibrated and certified as accurate within
five years after the date of installation and every five years thereafter.
The calibration and certification shall be performed by a qualified
water meter service company, using test equipment approved by the
State Bureau of Weights and Measures. Documentation of the calibration
and certification shall be submitted promptly to the Pennington Water
and Sewer Department. The minimum permitted degree of accuracy of
a meter shall be determined according to the rules and regulations
of the Water and Sewer Department. Any meter failing to comply with
the applicable standard of accuracy shall be repaired or replaced
as necessary to meet the standard.
C.
As used in this article, the "rules and regulations
of the Pennington Borough Water and Sewer Department" mean and include
the Department’s "Construction Rules and Regulation - Application
and Design Instructions" and "Construction Rules and Regulation -
Standard Details," which shall be consistent with applicable state
regulations and the standards of the American Water Works Association
(AWWA), as determined by the Borough Engineer.
D.
The Pennington Water and Sewer Department shall notify water users of any failure to comply with an obligation to calibrate, certify, repair or replace a meter as required by this article. Any such failure to comply which continues after 90 days from the date of such notice shall be subject to the fines and penalties prescribed by § 206-16. In addition, if the user persistently fails or refuses to comply, the Water and Sewer Department may elect to perform the obligation of the user at the expense of the user. This right on the Borough’s part shall not diminish in any way the liability of the user for the penalties and costs otherwise applicable.
