[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 8-27-1973 by Ord. No. 1973-4; amended in its entirety 6-12-2006 by Ord. No. 2006-17. Subsequent amendments noted where applicable.]
This chapter shall be known as the "City of Bordentown Water Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICANT, CUSTOMER or USER
- Any person applying or contracting for water connections or for the use, products, or services of the water systems, or who uses said services of the water systems, or who is the owner or occupant or both of any real property which directly or indirectly has been connected to the water system or to which directly or indirectly has been furnished or supplied the use, products or services of the water system or water services, facilities or products.
- The New Jersey Board of Public Utilities.
- The City of Bordentown.
- The Board of Commissioners of the City of Bordentown.
- CONNECTION FEE
- The connection or tapping fee authorized by the statute.
- The Bordentown City Water Department, established by the City as the department of the City to provide water service to the public and private uses within the service area.
- The water-measuring device connected to the service lateral for measuring the amount of water in gallons distributed from the main by way of the service line and service lateral to the user.
- The person using a parcel of land and premises or living in the building thereon as a tenant, lessee or party in actual possession thereof, including the owner.
- The person holding legal title to lands and premises or any person legally authorized to exercise powers of or for an owner of property for purposes of its purchase, sale, use occupancy or maintenance.
- Any individual, firm, company, partnership, corporation, association, group or society, including the United States of America, the State of New Jersey, and agencies, districts, commissions and political subdivisions created by or pursuant to state law, and federal agencies, departments or instrumentalities thereof.
- RULES AND REGULATIONS
- The Rules and Regulations for Furnishing Water Service in the Service Area of the City of Bordentown, as adopted by the Commissioners.
- SERVICE AREA
- The geographical area of the City and Township of Bordentown for retail water sales and the Borough of Fieldsboro for bulk water sales.
- SERVICE CHARGES
- The rates, rentals, fees and charges imposed for the use of the City's water services.
- The detailed description of the size, quality, performance or terms of the particulars of the water system or of any water extension thereto, as adopted by the Commissioners.
- The County and Municipal Water Supply Act, N.J.S.A. 40A:31-1 et seq.
- The "Bordentown Water Department Tariff for Water Service, as approved by the City by ordinance.
- WATER EXTENSION
- The water mains, pumping or booster stations, water supply facilities, water storage facilities, water treatment facilities, service lines and other water appurtenances that are necessary to extend water service from the City's water system to the unit or units for which water service is requested.
- WATER SYSTEM
- The plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the City through the Department or by any person to whom the City has extended credit for this purpose or for the purposes of the City, including reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, waterworks or sources of water supply, wells, purification or filtration plants or other plants and works, connections, rights of flowage or division, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for the accumulation, supply or distribution of water.
The City of Bordentown has determined that the public health, safety and welfare can best be assured by the acquisition, construction and operation of a water system by the City of Bordentown. There shall be in the City of Bordentown, a department known and designated as the "Bordentown Water Department," which shall have jurisdiction over the water system owned and operated by the City.
The Department shall be under the direction of the Commissioners, who shall have and exercise, in their discretion, the legislative and judicial powers over the affairs of the Department that are granted by the statute, this chapter and other applicable laws. The Commissioner of Public Works, Parks and Public Property shall have and exercise the executive and administrative powers over the affairs of the Department not specifically reserved by the Commissioners or entrusted to the Commissioners by operation of law.
The Commissioners shall promulgate Rules and Regulations for Furnishing Water Service in the Service Area of the City of Bordentown which shall be adopted by resolution of the Commissioners and which shall become effective following publication of notice of such action in the official newspaper of the City. The rules and regulations so promulgated shall not be inconsistent with this chapter, the statute and the tariff. The rules and regulations shall have the same force and effect as if contained in this chapter.
The Commissioners shall, with the advice of the City Engineer, promulgate Specifications for the Water System in the Service Area of the City of Bordentown which shall be adopted by resolution of the Commissioners and which shall become effective following publication of notice of such action in the official newspaper of the City. The specifications so promulgated shall not be inconsistent with this chapter, the statute and the tariff. The specifications shall have the same force and effect as if contained in this chapter.
The Commissioners may grant relief to any person from the strict application of the terms of the rules and regulations and the specifications when, in its discretion and judgment, special exceptions are justified or strict application would cause extreme hardship to any person or such relief would be in the best interest of the City.
Water service shall not be furnished or continued to any applicant, customer or user unless such applicant, customer or user complies with all the provisions, terms and conditions of this chapter, the rules and regulations, the specifications and the tariff, together with any additions, amendments and supplements to the same which may hereafter be made.
The Department may require, in its discretion, the execution of a written water agreement with a user in a form prepared by the Department's Attorney, with the cost of preparing and recording to be charged to the user before any water service is approved and supplied.
Prior to the issuance of a building permit for any new building, facility or structure or a modification to an existing nonresidential building, facility or structure, a water permit for the building must be issued by the Department and a copy thereof shall be submitted by the owner with the application for the building permit.
Prior to water service being turned on for any building, a certificate of approval for the same must be issued by the Building Inspector or Zoning Officer of the municipality in which the building is located and shall be exhibited by the owner or occupant thereof upon request of the City Clerk of the City or of an authorized representative of the Department, and a photocopy thereof, if requested, shall be supplied to the Department for filing.
A meter shall be required for all water services that are subject to metered service charges or bulk water sales. A meter may be required by the Department in its discretion, in all other cases.
No person not a duly authorized representative, agent or employee of the Department shall tamper with, change the location of, disconnect, modify or remove any water meter, or the valve or any fitting connected therewith, without the prior permission of the Department.
No person not a duly authorized representative, agent or employee of the Department shall break, open, remove, replace, modify or tamper with any water meter or hydrant seal, and there shall be established hereby a presumption that the seal upon any meter or hydrant was intact and unbroken upon installation or following servicing by the Department.
No person not a duly authorized representative, agent or employee of the Department or of the Bordentown Sewerage Authority shall open or close the stopcocks or valves in any of the water mains or any service lines at the curb stop except where the water service is turned off at the curb stop under emergency conditions by the owner, occupant or plumber due to water pipe breakage, leakage or freezing temperature and for the emergency repairs only by the user, owner or occupant, and the same shall immediately be turned on by such person upon repair or correction of the emergency conditions.
No person not a duly authorized representative, agent or employee of the Department shall take water from any public fire hydrant, except as may be authorized by the rules and regulations or by written consent of the Department.
Connection fees, service charges and rates for water service shall be in accordance with the Department's tariff. Unpaid service charges and rates shall be a first lien upon the property benefited, and such liens shall be enforceable in the manner provided by the statute.
Where the Department performs any work or service that is the responsibility of the customer, a charge based on the materials and labor expended shall be made to the customer by the Department.
Service charges are the responsibility of the owner or occupant, or both of them, of any property that directly or indirectly is or has been connected with the water system. The owner of any such property is ultimately responsible for the payment of any service charges that are not paid by a tenant, regardless of any lease agreement to the contrary.
The City and the Department shall not be liable for any damage, proximate or remote, which shall result from leaks, bursting pipes or from any other cause upon any lands and premises or in any building or structure receiving water service, and the customer shall pay for all water passing through the meter in cases where the Department has not been timely notified of any leaks or bursting pipes and has not had sufficient time to shut off the water service.
The City and the Department may restrict water service whenever it may determine such action to be necessary, and the Department, the Commissioners and the City shall not be liable under any circumstances for a deficiency or failure in water service for any cause whatsoever or the proximate or remote results, damages or effects thereof to any user, owner, occupant, customer or other person.
All proposed water extensions which will not be installed by the Department and which are intended to be connected to the water system of the City shall be designed in accordance with the rules and regulations and the specifications of the Department and shall be submitted to the Department for review and approval by the person proposing the same. The installation of water extensions shall be inspected by the Department during its construction to ensure compliance with the approved plans, drawings and specifications, and the cost of such review and inspection shall be borne by the applicant. An escrow deposit in an amount determined by the Department shall be deposited with the Department at the time of initial application to ensure timely payment of technical and professional review fees and inspection charges when the same are incurred.
The title to every water extension constructed within any existing public street or right-of-way in the service area of the City or in any private area for which an easement and right-of-way is conveyed to, and accepted by, the City, and which is connected to the water system of the City, shall inure to and shall become the sole and absolute property of the City upon the approval and acceptance of the completed installation by the City.
[Amended 8-13-2007 by Ord. No. 2007-15; 1-12-2009 by Ord. No. 2008-20; 8-10-2009 by Ord. No. 2009-10; 10-26-2009 by Ord. No. 2009-17; 2-28-2011 by Ord. No. 2011-02; 2-27-2012 by Ord. No. 2012-03; 9-10-2012 by Ord. No. 2012-11; 11-18-2013 by Ord. No. 2013-18; 1-23-2017 by Ord. No. 2017-03]
Schedule 1W: Water Connection Fees.
[Amended 2-12-2018 by Ord. No. 2018-02]
Fees by class.
Class 1: Residential. Single-family, condominiums, townhouses, apartments, multifamily, duplex, age-restricted, trailers, mobile homes (per unit): $3,117.
Class 2: Hotel or motel (Per guest room): $1,012: This portion of the connection fee applies only to the number of units available for transient occupancy. The connection fee for the nonoccupancy portion of the building shall be based upon estimated usage from the remainder of the building, including kitchens, restaurants, taverns, laundries, offices, convention or meeting rooms, sport or athletic facilities, common areas and restrooms, at the Class 3 per-gallon per-day rate.
Class 3: Nonresidential.
A minimum water connection charge for nonresidential users shall be imposed in an amount equal to the residential connection fee regardless of whether the estimated water usage is less than the residential rate of usage.
Class 4: Irrigation or lawn sprinklers.
Class 5: Fire service, public and private. No connection fee. Annual service charges only.
General requirements applicable to water connection fees.
An applicant shall pay a water connection fee in full for each equivalent dwelling unit at the time that a water permit is requested, in an amount as established by the City's Tariff in effect at the time that service is requested. All water connection fees shall be paid prior to the issuance of a construction permit for the premises.
Connection fees for nonresidential users shall be based upon the City's calculation of estimated water usage multiplied by the rate per gallon per day contained in the Tariff. A minimum water connection charge for nonresidential users shall be imposed, in an amount equal to the residential connection fee regardless of whether the estimated water usage is less than the residential rate of usage.
The projected flow criteria contained in N.J.A.C. 7:14A-23.3, plus an additional 15% for consumptive water usage, shall be used to determine the estimated water consumption for nonresidential uses, whenever practicable. In the event that a type of use is not listed in N.J.A.C. 7:14A-23.3, the City shall use its best judgment in determining estimated water consumption. The City may adopt additions or exceptions to the flow projections contained in N.J.A.C. 7:14A-23.3 by resolution. For the purpose of this Subsection A, any reference to "seat" or "person" in N.J.A.C. 7:14A-23.3 or in any projected flow criteria adopted by the City shall be deemed to mean the maximum permitted occupancy established pursuant to the Uniform Construction Code and/or the Uniform Fire Code.
In the event that an application is made for water service to a nonresidential building or unit for which the types or sizes of the uses therein have not been determined by the applicant, or are subject to change in the future, a connection fee shall be assessed based upon the maximum potential estimated water consumption in the building or unit. The City, in its discretion, may enter into a deferred connection fee agreement under which an initial connection fee would be imposed only for those uses that are initially contemplated, and which would defer the payment of the balance of the connection fee until such time as a use for which the initial connection fee was paid is changed to a use that will generate additional water consumption. Any connection fee paid under a deferred connection fee agreement shall be paid at the connection fee rate then prevailing at that time that payment is made.
A nonresidential user shall be entitled to use the amount of water capacity, in gallons per day, that was obtained through the payment of connection fees, as well as such additional capacity actually used by its building or unit without having undergone a physical or operational change for which a building permit, site plan, subdivision, variance or other municipal approval was required. An application for additional capacity shall be made by any existing nonresidential user whenever there is an increase in the estimated, projected water consumption for the existing building or unit resulting from any physical or operational change for which a building permit, site plan, subdivision, variance or other municipal approval is required. A connection fee shall be charged to the user based upon the increase in estimated water consumption associated with the aforesaid physical or operational change.
In the event that an application is made to reinstate water service to a residential structure that was previously abandoned or terminated when the prior structure was demolished or substantially totally destroyed, no additional connection fee shall be due provided that the application for service is made within two years of the date of the prior termination of service.
In the event that an application is made to reinstate water service to a nonresidential structure that was previously abandoned or terminated when the prior structure was demolished or substantially totally destroyed, no additional connection fee shall be due, provided that: 1) the application for service is made within two years of the date of the prior termination of service and 2) there is no change in the estimated water usage of the building. In the event that condition 1) herein has been satisfied, but there will be an increase in the estimated water usage of the building, then the applicant shall pay a connection fee only on the amount of the increase in the estimated water usage.
Schedule 2W: Potable Water Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02; 3-11-2019 by Ord. No. 2019-02]
Residential users within the City and Township of Bordentown:
Fixed service charge, per meter.
Consumption charge for yard meters. All usage: $3.99 per 1,000 gallons.
A residential user shall be billed one fixed service charge per meter, plus a consumption charge for each meter based on the amount of water usage through that meter, as determined by the meter reading.
The fixed service charge and the consumption charge shall be billed in arrears.
This portion of the service charge applies to the residential dwelling units only. In the event that nonresidential users are located within the building, the latter shall be individually metered and each shall be subject to the charges imposed for nonresidential users. In the event that the nonresidential users cannot be individually metered, then all service charges shall be billed at the nonresidential rate.
Nonresidential users within the City and Township of Bordentown:
Fixed service charge, per meter.
Consumption charge for yard meters, all usage: $3.99 per 1,000 gallons.
A nonresidential user, including a hotel or motel, shall be billed one fixed service charge per meter, plus a consumption charge for each meter based on the amount of water usage through that meter, as determined by the meter reading.
The fixed service charge and the consumption charge shall be billed in arrears.
Schedule 3W: Fire Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02]
Rates per quarter.
Notwithstanding the above, no standby fee shall be charged to any:
Residential customer served by a fire service line of two inches or less in diameter, provided that such service is metered. The customer shall be billed for any usage through the fire service in accordance with the consumption charge for domestic use as contained in Schedule 2W.
Residential health-care facility certified pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.) and rooming house or boardinghouse certified pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:13B-1, et seq.) that are required to install private fire sprinkler systems. Such exemption shall not be granted until the appropriate state agency certifies to the City that the particular residential health-care facility or rooming house or boardinghouse meets the requirements of P.L. 1981, c. 154, and the regulations adopted pursuant thereto. The customer shall be billed for any usage through the fire service in accordance with the consumption charge for domestic use as contained in Schedule 2W.
Schedule 4W: Construction Water Service Charges.
[Amended 2-12-2018 by Ord. No. 2018-02]
Base charge: $169 per month, or part thereof.
Consumption charge: $9.21 per 1,000 gallons.
A deposit in accordance with the following schedule shall be paid in advance and retained until service is terminated:
The base charge shall be billed in advance and the consumption charge shall be billed in arrears. The minimum base charge shall be equal to the base charge for one quarter.
Schedule 5W: Application Review and Inspection Fees.
W-1 application fee: $125 (nonrefundable).
W-3 additional escrow fees.
The amount which the City reimburses itself for the expenses of professional reviews and other services shall be the amount charged to the City for said reviews or services which shall be based on the hourly rate or other agreed rate then in effect with the person providing said service. In the event that the escrow account is depleted, the applicant shall post additional funds with the City in an amount to be set by the City.
W-4 applications. A nonrefundable application fee for each property shall be paid in accordance with the following schedule:
Schedule 6W: Miscellaneous Charges.
Water turn-off fee: $35.
Final bill charge: $20.
New account charge: $20.
Reprocessing charge (for redepositing a customer check which has not been honored for payment): $40.
Meter-testing charge: $50.
Plant labor, material and equipment.
Plant labor shall be charged at the hourly rate in effect at the time that labor is performed, plus 40% for fringe benefits and overhead.
Materials, including water meters supplied, shall be charged at the cost of said materials to the City, plus 25% for overhead and handling.
Equipment owned and provided by the City shall be charged at the latest rental rates published by the Associated Equipment Distributors, Chicago, Illinois, or other reputable equipment rental guide.
Second call on meter installation, repair or special read: $75.
Interest. If any part of the amount due and payable in rents, rentals, connection fees or other charges remains unpaid for 30 days following the date for payment thereof, then, in accordance with N.J.S.A. 40A:31-12, interest upon the amount unpaid shall accrue at an interest rate determined in accordance with N.J.S.A. 40A:31-17.