[HISTORY: Adopted by the Township Committee
of the Township of Blairstown 12-8-2010 by Ord. No. 2010-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Water use — See Ch. 193.
[1]
Editor's Note: This ordinance also repealed former Ch. 190,
Water and Sewers, adopted as Ch., XII (Ord. No. 87-15) of the 1977
Revised General Ordinances, as amended.
The water plant and related wells, pumps, filtration equipment,
waterlines, water meters and other associated infrastructure owned
and utilized by Blairstown Township for the purpose of supplying potable
water to portions of Blairstown Township and the residents and other
users situate therein shall be operated in accordance with the County
and Municipal Water Supply Act (N.J.S.A. 40A:31-1). The organization,
administration and operation of said water system shall be under the
control and jurisdiction of the Blairstown Township Committee.
Whenever the following words, clauses or terms are used in this
chapter, they shall be construed to mean and shall have the meanings
herein defined, unless otherwise specifically stated:
A system of pipes, hoses, nozzles and other water distribution
equipment, located either aboveground or underground, designed and
used for watering land covered with flowers, gardens, grass, shrubbery,
soil, trees or vegetation. Nothing herein shall be deemed or construed
to apply to any business principally engaged in the cultivation, growth
and sale of trees, flowers, shrubs, plants or similar vegetation.
Either in the singular or plural, all pipes, other than pipes
forming part of the customer service line or service connections,
used for conveying water to or distributing water in the Township.
All users supplied with water for use other than in connection
with the use and occupancy of a residential dwelling, including, but
not limited to, commercial users, industrial users, schools, churches
and all other nonresidential users.
Any person, persons, corporation, partnership or association,
other than the owner thereof, occupying or in possession of property
or premises which is or can be supplied with water by the Township.
Any person, persons, corporation, partnership, association
or other legally recognized entity owning, or any mortgagee in possession
of any, property or premises which is or can be supplied with water
by the Township.
For the purposes of this chapter, a quarter shall be identical
to the quarters established by law for the purposes of municipal tax
payments.
Those users who are supplied water in association with the
use and occupancy of a residential dwelling.
A senior citizen is any person being of an age of 65 years or
more having an annual income, combined with spouse if married, of
less than $10,000, excluding United States government social security
payments, payments received under the Federal Railroad Retirement
Act[1] and other federal pensions, disability and retirement
programs, or pension, disability or retirement payments received from
any state or its political subdivisions, or agencies thereof.
A surviving spouse of a senior citizen is any person who was
married to a senior citizen at the time of said senior citizen's
death, is over the age of 55 years, has not remarried and has an annual
income of less than $10,000, excluding United States government social
security payments, payments received under the Federal Railroad Retirement
Act and other federal pensions, disability and retirement programs,
or pension, disability or retirement payments received from any state
or its political subdivisions, or agencies thereof.
A disabled person is any person declared or adjudicated to be
fully disabled by the United States government, the State of New Jersey,
other state or the District of Columbia and having an annual income
of less than $10,000 excluding United States government social security
payments, payments received under the Federal Railroad Retirement
Act and other federal pensions, disability and retirement programs,
or pension, disability or retirement payments received from any state
or its political subdivisions, or agencies thereof.
A pipe or pipes connected to the main and extending into
privately or publicly owned property or premises for supplying Township
water thereto.
The physical act of breaking into a main to install a service
connection.
The length of pipe, lying generally outside the street right-of-way,
which connects the curb box to the building to be served with water.
The curb box and the portion of the service connection which
connects the box to the main and lies generally within the street
right-of-way.
[1]
Editor's Note: See 45 U.S.C. § 231 et seq.
The Township Committee shall direct Department of Public Works
personnel, the Township Certified Financial Officer and such other
Township employees as deemed necessary or desirable to undertake all
duties and work as required to operate and maintain the Township water
system, keep financial records, issue bills and collect service charges
incident to the sale and distribution of water by the Township.
A.
All resident or nonresident users purchasing water from Blairstown Township shall have the amount of water received from said Township measured by meter. The amount to be paid to the Township by all said users, except for users qualifying for a discount pursuant to Subsection B below, shall be:
[Amended 6-11-2014 by Ord. No. 2014-03]
(1)
For
single unit structures: $75 per quarter for the first 8,000 gallons
or any portion thereof received during said quarter and an additional
amount (i.e., payment) of $6 for each additional 1,000 gallons or
any part thereof received in excess of the initial 8,000 gallons.
(2)
For
multi-unit structures, the record owner of the premises shall be deemed
to be the user and shall pay $75 per unit per quarter and an additional
amount (i.e., payment) of $6 for each 1,000 gallons or any part thereof
received in excess of the sum of the number of units located within
the structure multiplied by 8,000 gallons.
B.
The amount to be paid to the Township by senior citizens, surviving
spouses of senior citizens and/or disabled persons, as defined in
this chapter, shall, after having made application and demonstrated
his or her eligibility for the herein provided discount by providing
a copy of said claimant's prior year's federal income tax
return or other acceptable proof, shall pay to the Township $50 per
quarter for the first 8,000 gallons or any portion thereof received
during said quarter and an additional amount (i.e., payment) of $6
for each additional 1,000 gallons or any part thereof received in
excess of the initial 8,000 gallons; provided, however, that the discount
shall only apply to the residence of the person receiving the discount.
C.
Any residential or nonresidential user requiring a new hookup to
the Township water distribution system for a property or premises
not previously provided with water shall pay a hookup fee of $1,500
per dwelling unit with respect to a residential use or $1,500 for
each separate nonresidential use being served by said hookup.
D.
If during any quarter a meter is found to be nonfunctional, the user
shall pay a charge equal to the greater of $75 per unit previously
served by the meter, or the average of the last three quarterly charges.
[Amended 6-11-2014 by Ord. No. 2014-03]
E.
All water charge payments shall be due and payable within 15 days
of the due date printed on the water charge bill. A delinquency charge
of 1 1/2% per month shall be assessed on any water charges not
paid within 15 days of the due date.
F.
If any water bill or any other charge imposed under this chapter
is not paid within 60 days from the billing date, the Township shall
notify the owner of the premises (as appears from the tax duplicate)
and the person to whom such bill was rendered or charge made, if different
from the owner, of such arrearage. If such bill or charge is not paid
within 25 days of the date of such notice, the water service shall
be shut off. No service shutoff for nonpayment shall be reinstated
or reconnected until all water charge arrearages are paid in full
and a reconnection fee in the amount of $100 has been paid.
The installation of all new or replacement user service lines,
and all repairs and maintenance with respect thereto, shall be made
at the expense of the user or property owner. The user service line
shall be laid in a manner approved by the Township. After the ditch
has been dug, the pipe shall not be covered until the Township has
inspected and approved the laying of such pipe and all connections
thereto and has issued a certificate of approval in writing. The installer
shall take all precautions to cover by plank, or otherwise, all excavations
made in sidewalks for the laying of the service line and shall not
leave on the sidewalk or in the public highway any stones or piles
of dirt or other refuse. All service lines must have a covering of
at least four feet of approved backfill.
A.
The Township shall exercise all reasonable care as required to provide
a continuous supply of potable water but shall not be liable for damages
approximately related to a discontinuation in the water supply for
any reason other than gross negligence, including but not by way of
limitation the discontinuation of service related to breakage, mechanical
failure, power failure, accident, extension or repair.
B.
The Mayor of Blairstown Township may by proclamation prohibit, restrict
or limit the use of water for the watering of lawns, gardens, landscaping
and/or the filling of swimming pools during periods of drought or
less than normal rainfall, in said Mayor's sole discretion, which
said proclamation should be advertised once in the legal newspaper
of the Township and posted in the Township Municipal Building at least
three days prior to the effective date of said prohibition, restriction
and/or limitation. Any person violating said promulgation shall be
subject to a fine not exceeding $250 per violation.
All ordinances or parts of ordinances or resolutions that are
inconsistent with the provisions of this chapter are repealed to the
extent of such inconsistency.
This chapter shall become effective January 1, 2011, and after
final publication in accordance with the law.
