Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents

§ 394-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APPROVED
Approved by the Director of the Department of Water and Sewer.
DEPARTMENT
The Department of Water and Sewer of Montville Township.
FIXED RATES
The rates or prices to be charged for the use of water based upon the uses or utilities in use and not measured by a water meter.
MAIN
Any pipe, other than a supply pipe or service pipe, used for conveying water or distributing it in the Township.
METER BOX
A plastic, below-grade enclosure for the water meter servicing a premises, consisting of a cylindrical chamber with lockable lid, meter couplings and valves, and other hardware. The meter box shall be of the specific type and model, and shall be installed in accordance with the construction standards of this chapter.[1]
[Added 12-11-2007 by Ord. No. 2007-56]
METER RATES
The rates or prices to be charged for the quantity of water consumed, as measured by a water meter or estimated where no water meter is used.
OWNER
Any person actually owning any property or premises supplied or prospectively to be supplied with Township water or his duly authorized agent. In the absence of instructions from the owner or his agent to the contrary, the occupant of any property or premises will be held to be the agent of the owner, in so far as his relation to the Water and Sewer Department may be concerned with respect to water uses.
PREMISES
A dwelling unit occupied by one family only, together with the land connected therewith and such outbuildings as are used exclusively in connection therewith, or a singular room or building occupied for business or other purposes by one person, organization, association, firm or corporation.
SERVICE PIPE
The pipe extending from the curb stop into privately owned land for supplying the premises with water. The service pipe materials and means of installation shall be governed by the Plumbing Code of the municipality.[2] In all cases where the service pipe is of plastic, PVC or other nonmetallic material as permitted by the Plumbing Code, the water meter for the premises being serviced by the nonmetallic service pipe shall be located at the end of the supply pipe as defined, and shall be contained in a below-grade meter box in accordance with the construction standards of this chapter.
[Amended 12-11-2007 by Ord. No. 2007-56]
SUPPLY PIPE
A pipe tapped into the main and extended thence to and including the curb stop or valve on the curbline of the street.
[1]
Editor's Note: See Article V, Construction Standards for Water Utility Distribution System
[2]
Editor's Note: See Ch. 129, Construction Codes, Uniform.

§ 394-2 Township control of mains, pipes, meters and other equipment.

All water mains, service and supply pipes, water meters and corporation and curb stops of the Department are under the exclusive control of the Township and its authorized agents or representatives. No other person shall disturb, tap, change, obstruct access to or interfere with them in any way.

§ 394-3 Jurisdiction of Water and Sewer Department; liability for damages.

The Water and Sewer Department's jurisdiction and responsibility ends at the curb stop, and the Department will, in no case, be liable for damages caused by water running from open or faulty fixtures or from broken or damaged pipes beyond the Department's curb stop.

§ 394-4 Minimum depth of underground pipes and fixtures.

All water pipes and fixtures shall be placed at least four feet underground as measured from the top of the pipe or fitting.

§ 394-5 Application for water service; liability for costs due to erroneous information.

Where water is desired, application shall be made to the Construction Department on a proper application signed by the owner of the premises on forms furnished by the Construction Department, which application shall specify the size of service connection desired, the property to be served, the legal owner thereof and the purpose for which the water is to be used. The information supplied by the applicant on such application shall be considered as authoritative and final. If any error in such information shall cause the service connection to be installed of a wrong size or at a wrong location, the cost of all changes required shall be borne by the applicant. Applications are subject to approval by the Director or his representative.

§ 394-6 Number of service connections per customer limited; use for other properties prohibited.

No more than one service connection shall be installed for a customer, except under special conditions. A service connection shall not be used to supply adjoining property of a different owner or to supply property of the same owner across a street or alley.

§ 394-7 Mandatory and exclusive use of Township water.

[Added by Ord. No. 2004-64]
A. 
Mandatory use of Township water. Connection to the Township water system is mandatory where a water main is within 50 feet of a property upon which there is new building to be serviced.
B. 
Exclusive use of Township water. The owner of any residential or nonresidential building which is now or hereafter connected to a public water supply main of the Township must utilize the water supply of the Township as the exclusive water source for said building and the property on which it is situated. Any building that is serviced with Township water shall not have any plumbing or water conveyance apparatus from a private well or any nonpublic water source within said building.
C. 
Irrigation well. The owner of any residential or nonresidential building or premises which, at the time of connection to the Township's water system, was being supplied with water by a noncontaminated on-site private well will be permitted to utilize said well for irrigation purposes only so long as there is approval by, and in compliance with the applicable requirements and regulations of the Township and the New Jersey Department of Environmental Protection (NJDEP). Under no circumstances shall there be any interconnection of a private well with the public system within or without the building or premises, including any plumbing or water conveyance system. Any subsequent abandonment of a properly permitted and regulated well shall be conducted in accordance with the applicable rules and regulations of the Township of Montville, the Montville Township Board of Health, and the NJDEP. The owner shall be prohibited from drilling a new well for irrigation purposes.
D. 
Drilling a new well. Anything to the contrary notwithstanding, the drilling of a new irrigation well shall not be permitted to service existing premises which are connected to the Township's water system unless said new irrigation well replaces an on-site private individual well which was existing and utilized at the time that the building and premises were connected to the Township's water system, and was continuously maintained for irrigation purposes only, in accordance with the provisions of this chapter.

§ 394-8 Use of water for unauthorized purposes; liability for amount of water used.

A. 
No water may be used for any purpose or upon any premises not stated or described in the application for water service.
B. 
The owner shall be liable for the amount of water used in conformity with the schedule or rates of the Department.[1]
[1]
Editor's Note: See Ch. 169, Fee Schedule.

§ 394-9 Curb stops; responsibility for pipes and fixtures beyond curb stop.

A. 
Every service connection shall be equipped with a curb stop near the curbline for the exclusive use of the Department in controlling the water supply through the service connection pipe. If the curb stop is damaged by the customer's use to an extent requiring replacement, such replacement shall be at the customer's expense.
B. 
All pipes or fixtures extending or lying beyond the curb stop shall be installed and maintained by the owner of the property under the supervision of the Plumbing Subcode Official.

§ 394-10 Tapping mains and running service lines.

The tapping of a water main shall be done and the corporation stop and couplings, the service lines from main to curb, curb stop and coupling and curb box shall be furnished and installed by the owner or his agent at the expense of the owner.

§ 394-11 Street opening permit.

Application for permission to open a Township street for the purpose of making a water connection shall be made in accordance with Chapter 330, Streets and Sidewalks. Application for permission to open a county or state street shall be made to the appropriate agency.

§ 394-12 Charges for water meters.

A. 
The Department shall furnish to each customer supplied with water a suitable water meter and remote reading devices. The customer (owner) shall be responsible for installation of the water meter and all required appurtenances to be in conformance with this chapter and all other applicable regulations.
B. 
Water meters shall be furnished for the charges as set forth in Chapter 169, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The developer and/or owner or occupant of each premises utilizing the potable water system, at their sole cost and expense, shall purchase a water meter, a remote meter reading touch pad and MXU radio read device from the Department and shall install the same under the supervision of the Department in accordance with the Township ordinances. The owner or occupant of any premises where such meters and touch pads are installed shall be responsible for their care and protection from injury/interference. In case of injury to the meter, touch pad and/or MXU radio read unit, or in case of a stoppage or other condition causing inaccurate or incorrect function, the owner or occupant shall give immediate notice to the Township. All Township water used in connection with any premises must pass through a meter installed under the supervision of the Township. No bypass around such a meter shall be made or maintained.
D. 
The MXU radio read device shall only be installed by an authorized Department employee. The Department shall seal meters, and no one except an authorized employee of the Department shall break or injure any such seal.
E. 
Meters controlling the services, other than fire line meters, are and shall remain the property of the Department, and all meters will be at all times under Department control.

§ 394-13 Access to meters and appliances.

The Department shall have the right of access to the owner's premises at reasonable times for the purposes of reading meters or inspecting appliances used in connection with the supply of water service, or for the removal of its property at the time service is to be terminated. The customer should not permit access to the water meter and other appliances of the Department except by authorized employees of the Department.

§ 394-14 Notification of defective service.

In case of defective water service, customers should not interfere with the apparatus belonging to the Department, but should immediately notify the Department to have the defect remedied.

§ 394-15 Excessive or unnecessary use of water.

Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is prohibited, even where the service is metered. When this rule has been violated, the Department may turn off the water at any time.

§ 394-16 Turning on of water after discontinuance.

When the Department for any reason has turned off the water, no person shall turn it on again without permission of the Department. When this section is violated, the water may be turned off at the curb stop, in which case the owner shall, before it is again turned on, pay in advance the charge of the Department therefor.

§ 394-17 Grounds for discontinuance of service; renewal of service.

A. 
Water service may be discontinued for any of the following reasons:
(1) 
For the use of water for any other property or purpose than that described in the application for service.
(2) 
For the willful waste of water through improper or imperfect pipes, fixtures or otherwise.
(3) 
For failure to maintain, in good order, connections, service lines or fixtures owned by the applicant.
(4) 
For molesting any service pipe, meter, curb stop or seal or any other appliance of the Department.
(5) 
In case of vacancy of premises.
(6) 
For nonpayment for water service or any other charges accruing under the application.
(7) 
For refusal of reasonable access to property for purpose of inspecting or for reading, caring for or removing meters.
B. 
Service will be renewed under proper notification when the conditions under which such service was discontinued are corrected and upon the payment of all proper charges provided in the schedule of rates and charges of the Department due from the applicant.

§ 394-18 Provisions deemed part of contracts; acceptance of conditions required.

A. 
The provisions of this article and any other ordinances, rules, regulations and water rates adopted by the Township Committee shall be considered a part of the contract with each person supplied with water through the water system of the Township; any such person taking water shall be considered to express his assent thereto and be bound thereby. All permits for the use of water shall be granted upon the express condition that if for any cause the supply of water should fail, be restricted, regulated or discontinued, the Township shall not be held responsible for any damages which shall be claimed of the Township for any such causes.
B. 
All applications for service connection of water shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection and to hold the Department harmless for any damages arising out of low-pressure or high-pressure conditions or interruption of service.

§ 394-19 Disconnection of water prohibited.

No owner connected to the water system shall disconnect from said system.