[HISTORY: Adopted by the Township Committee of the Township of Blairstown 12-8-2010 by Ord. No. 2010-09. Amendments noted where applicable.]
Water use — See Ch. 193.
Editor's Note: This ordinance also repealed former Ch. 190, Water and Sewers, adopted as Ch., XII (Ord.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:
- LAWN SPRINKLER
- 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.
- MAIN or MAINS
- 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.
- NONRESIDENTIAL USERS
- 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.
- OCCUPANT or TENANT
- 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.
- RESIDENTIAL USERS
- Those users who are supplied water in association with the use and occupancy of a residential dwelling.
- A. 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 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.
- B. 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.
- C. 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.
- SERVICE CONNECTION
- A pipe or pipes connected to the main and extending into privately or publicly owned property or premises for supplying Township water thereto.
- TAPPING or MAKING A TAP
- The physical act of breaking into a main to install a service connection.
- USER SERVICE LINE
- 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.
- WATER TAP INSTALLATION
- 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.
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.
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]
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.
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.
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.
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.
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]
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.
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.
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.
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.