[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 7-14-1964 (Ch. 65 of the 1991 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings and definitions ascribed
to them hereinafter:
The party contracting for service to a property
as hereinafter described:
A building under one roof owned by one party
and occupied as one business, one residence, one church or house of
worship, or one school, whether public or parochial.
[Amended 4-13-2004 by Ord. No. 2004-2]
A combination of buildings owned by one party
in common enclosure, occupied by one family or one business.
The one side of a double house owned by one
party, having a solid, vertical partition wall.
A building owned by one party consisting of
more than one apartment and using in common one hall and one entrance.
A building owned by one party, having a number
of apartments, stores or offices and using in common one hall and
one or more means of entrance.
Where two or more consumers are supplied through
a single service line at present in existence, any violation of the
rules of the Department with reference to either or any of such consumers,
as the case may be, shall be deemed a violation as to all, and the
Department may take such action as could be taken if it were used
by a single consumer. Hereafter, a single service line shall not be
permitted to serve more than one physical unit, but a physical unit
may contain apartments, stores, offices or other facilities for more
than one occupant or family. "One physical unit" is defined as a property
not divisible for sale or ownership by more than one owner or group
of owners.
The Superintendent of the Water Department and such other
employees as there are employed in the Department.
A line used to supply a single consumer only, and no consumer
shall be supplied by more than one service line unless agreed upon
between the consumer and the Department.
Any person receiving a supply of water for any
purpose from the Water Department of the Borough shall be subject
to the provisions of this chapter.
There is hereby established in the Borough a
department to be known as the "Water Department," the same being under
the supervision, management and control of the Borough Council.
There shall be appointed by the Borough Council,
annually, a Water Superintendent, assistants to the Water Superintendent
and one person to serve as Chief Water Clerk. The salary of the Water
Superintendent, assistants and the Chief Water Clerk shall be fixed
and determined from time to time as the Borough Council may decide.[1]
[1]
Editor's Note: The currently effective Salary
Ordinance is on file in the office of the Borough Clerk.
The Water Superintendent shall exercise general
supervision over the operation and maintenance of the water plant,
including machinery, equipment, mains, supply pipes and all other
mechanical features appertaining to such plant. He shall execute all
orders of the Borough Council or the Water Committee appertaining
to his duties and the general management of the Water Department.
He shall report all work done in the Department, including all material
purchased and sold, all water service, main extensions, laterals,
manholes, meters and connections made and other pertinent data, and
file original records thereof with the Chief Water Clerk for the keeping
of a complete record. He shall be responsible for making analysis
reports when required under the rules of the State Department of Health
and Senior Services and file such reports with such Department and
with the Chief Water Clerk of the Borough as shall be required. He
shall present monthly pumping reports to the Borough Council through
the Chief Water Clerk. He shall be responsible for and shall supervise
all water extensions, house connections and any and all repairs, additions
or alterations of the present water supply system and pumping equipment.
He shall have power to issue requisitions for purchase of materials
and supplies in accordance with instructions from the Borough Council
or the Water Committee of the Borough Council.
The Chief Water Clerk is hereby designated as
the collector of all accounts receivable due the Water Department
of the Borough, and he shall be responsible for making out and sending
all water bills. He shall issue permits for all connections to the
water supply system, prepare and forward the required report to the
State Board of Public Utility Commissioners concerning the operation
of the Water Department, keep accurate records of all water accounts
and be required to carry out the provisions of this chapter in relation
to delinquent accounts, notices of shutoff and, upon payment, the
restoration of the water service. The Chief Water Clerk shall account
to the Borough Treasurer monthly for all moneys of the Department
received, turning over to the Treasurer, for the purposes of the Borough,
all such moneys and a complete record thereof. He shall be required
to keep a record of all financial operations of the Department, including
a record of all purchases which shall be done by contractual order
system. He shall keep a permanent record of the location of all water
mains, manholes, meters, house connections, extensions, laterals or
any other component of the water supply system, and also keep a record
of all financial data pertaining to such system. He shall enter into
a bond for the faithful performance of these duties, in such an amount
as the Borough Council may require.
The Mayor, upon the advice and consent of the
Borough Council, may appoint a Deputy Water Clerk, who shall assist
the Chief Water Clerk and who shall, in the absence of the Chief Water
Clerk, perform all the duties and exercise all the powers vested in
the Chief Water Clerk. The Deputy Water Clerk shall serve at the pleasure
of the Borough Council and shall receive such salary as the Borough
Council from time to time may designate. The Deputy Water Clerk shall
enter into a bond for the faithful performance of his duties, in such
amount as the Borough Council shall designate. The Deputy Water Clerk
shall be under the direction of the Borough Council.
The owner of any house, tenement, building or
lot shall be liable for the payment of the price or rent as fixed
in this chapter for the use of water and for the installation, purchase
price, repair and testing of any water meter, water service, connections,
appliance or parts and renewals thereof furnished or made by the Water
Department in or upon such house, tenement, building or lot, and the
interest and penalties charged. Such price or rent and other costs,
expenses, interest and penalties as fixed herein shall be a lien upon
such house, tenement building or lot until the same shall be paid
and satisfied.
A.
Applications
for connection to the water distribution system shall be made, in
writing, to the Department on a form furnished by the Department and
signed by the owner of the property for which the connection is being
applied for or by his authorized agent. No lateral from the main to
the curb stop shall be laid by any person other than personnel of
the Water Department. The service connection charge as provided shall
be paid at the time the application is made. The applicant must produce
a certificate from the Board of Health of the Borough, certifying
the fact that a sewer connection to the property applied for has been
made or is expected to be made or, where sewer service is not available,
that a cesspool or septic tank approved by the Board of Health has
been or will be installed on the premises. The application shall designate
the name of the registered licensed plumber who shall install the
connection to the service line applied for, the address of the premises
applied for and the purpose of the connection.
The charge for a three-fourths-inch service
connection shall be determined by Borough Council, payable at the
time of making the application described in the preceding section.
Where a curb meter box is desired, there will be a charge to be determined
by the Borough Council. Where a service connection larger than 3/4
inch is applied for or necessary, a deposit of $75 will be required
to be made at the time of making the application; and immediately
after the completion of the installation of the service connection,
the Superintendent shall deliver to the Chief Water Clerk a statement
of cost of making the connection, which statement shall include the
cost of all materials used and charges for labor required to make
such installation, chargeable at the rate then being paid the employees
of the Department, the total cost of the connection to be entered
in the Department records. Where the statement of cost requiring this
information is in excess of the deposit of $75, a bill for such excess
shall be sent to the applicant, payable within 30 days of the billing
date. At no time after a permit for water service has been issued
shall an extension of the private pipes of the consumer beyond that
designated or contemplated in the permit be made without the consumer's
or his duly authorized agent's having applied for and obtained an
extension permit. The fee for an extension permit shall be $1. In
the event the extension contemplated is such that a new service would
better serve the purpose, an extension permit will be denied and a
permit for a new service connection required. Such a determination
shall be within the discretion of the Superintendent, to whom the
application for such a permit must be made.
Persons desiring the use of water for building
construction shall make application in the regular manner for service.
Under no circumstances shall water for building construction be taken
from the fire hydrants of the Borough. Charges for the use of water
for building construction shall be as follows: $2 minimum per quarter
or any portion thereof for dwellings. For structures other than dwellings,
rates shall be fixed and determined by the Water Committee. All charges
are payable at the time of filing the application for such service.
The Department reserves the right to regulate the purpose for which
the water may be used during construction and may, at its option,
require the water to be metered. At least 48 hours' notice shall be
given the Department before any of the above connections will be made.
[Amended 10-12-2010 by Ord. No. 2010-9; 9-10-2015 by Ord. No. 2015-11]
A.
Excavation work and the finishing and installation of the service
line from the curb stop to the meter and thence to the premises shall
be done by a registered, duly licensed plumber. Such excavation and
installation is to be at the cost and expense of the property owner.
B.
Any new connection to the water system, including lateral meters
and service taps, shall be of the cost and expense of the property
owner as follows:
(1)
Any new connection to the water system will be a flat rate of $2,035.
(3)
Water service street tap:
(a)
One-inch short water service lateral: $4,430.
(b)
One-inch long water service lateral: $5,390.
(c)
One-and-one-half-inch short water service lateral: $4,800.
(d)
One-and-one-half-inch long water service lateral: $5,850.
(e)
Two-inch short water service lateral: $5,150.
(f)
Two-inch long water service lateral: $6,251.
The property owner shall be responsible for
the maintenance of the service line between the curb stop and the
premises. Such property owner shall keep the same in good repair and
protected at all times from damages from any cause whatsoever and
shall be held liable for damage or loss of water resulting from failure
to do so. All leaks in the service line from the curb stop to the
premises shall be reported promptly to the Department and repaired
by the property owner. If repairs are not so made, the water shall
be shut off by the Department and not turned on again until the line
is placed in serviceable condition by the Department after notice
to repair has been given to the owner and said owner fails to so repair
and all charges for damage or loss of water have been paid.
No person except an employee of the Department
shall turn water on or off at a curb stop unless an emergency exists;
in such case, the Department shall be advised immediately of the action
taken.
Permission will not be granted to supply two
or more dwellings, manufacturing establishments or other places from
a single lateral.
All connections shall be metered, and the use
of water without a meter makes the property owner liable for an amount
of water consumed as estimated by the Department in addition to any
penalties imposed under this chapter. The Borough, upon repeated offenses,
may order the water supply to be discontinued.
The location provided by a property owner for
a water meter shall be readily accessible for reading and maintenance
purposes and shall be such as to offer adequate protection against
damage to the meter. All meters shall be installed in the cellar of
buildings, and if no cellars are under such buildings, then in a utility
room or in a curb meter box at the curb. Should the meter within the
building not be accessible to the water meter reader and for maintenance,
then the Water Department or the consumer, upon approval by the Water
Department, shall install an outside box in accordance with the requirements
of the Water Department, at the expense of the consumer. Compression
stops shall be provided by the property owner on each side of and
directly adjacent to the meter.
No fixtures of any kind from which water might
be drawn shall be placed on the street side of a meter. The meter
shall not be installed unless the location and facilities provided
for such meter meet the approval of the Department.
No person except an employee of the Department
shall connect, disconnect, repair, adjust or tamper in any way with
a water meter.
[Amended 5-8-2012 by Ord.
No. 2012-9]
Failure of a meter to register properly shall
be reported immediately to the Department. Charge for water during
the period of such failure shall be computed on the basis of the average
consumption over a reasonable period prior to the failure. Should
a consumer believe that the meter is not registering properly, the
consumer shall file a complaint with the Department, whereupon the
meter will be removed and tested by the Department. If it is found
to register against the consumer more than 10%, there will be no charge
for removing, repairing and resetting the meter. If, however, the
meter is found to register against the consumer less than 10%, a minimum
charge of $7.50 will be made for the test, plus all costs incurred.
The Department shall have the right to make periodic tests of all
meters at no cost to the consumer. Adjustments shall be such percentage
(adjusted to 100%) as the meter is found to be in error at the time
of the test on 1/2 of the total amount of the billing affected by
the fast meter since the previous meter test. No adjustment shall
be made for a period greater than the time which the customer has
received service through the meter (N.J.A.C. 14:3-4.7). The water
utility will provide a meter test for a fee of $25. If the meter is
found defective there will be no charge.
All water meters, except those purchased by
the consumer, are the property of the Borough. The size of meters
to be attached to water connections shall be as required by the Department.
The consumer shall take all proper precautions to protect the meter
from injury, frost and damage, from hot water or steam. The owners
of premises will be held liable for all damages or loss to the Borough
from failure to properly care for and protect such meters.
The Department shall have access at all reasonable
hours to premises connected to the water distribution system for the
purpose of inspecting and maintaining water meters and associated
equipment. The hours between 8:00 a.m. and 6:00 p.m. shall be considered
reasonable hours for this purpose.
A.
There shall be a minimum charge for all water passing
through meters installed pursuant to the provisions of this chapter,
all meters being charged as follows:
[Amended 5-13-1969; 4-10-1979 by Ord. No. 79-5; 8-11-1981 by Ord. No.
5-81; 12-12-1989 by Ord. No. 89-11; 3-14-1995 by Ord. No. 95-5; 12-27-2001 by Ord. No. 2001-8; 4-13-2004 by Ord. No. 2004-2; 12-28-2004 by Ord. No.
2004-10; 7-14-2009 by Ord. No. 2009-3; 4-13-2010 by Ord. No. 2010-3; 3-8-2011 by Ord. No. 2011-1; 3-13-2012 by Ord. No. 2012-2; 2-20-2014 by Ord. No. 2014-1; 12-11-2014 by Ord. No. 2014-7; 6-22-2021 by Ord. No. 2021-7]
|
Water Allowed
|
Rate
|
|---|---|
|
8,000 gallons
|
Effective August 1, 2021, the minimum rate per quarter shall
be $120. However, all senior citizens, defined as all residents 65
years or older and residing in a dwelling house owned by such senior
citizen and persons who are permanently and totally disabled and residing
in a dwelling house owned by such disabled person, shall pay $95 per
quarter. Determination of eligibility for the reduced rate provided
for in this subsection shall be made in accordance with the standards
in effect for determining real estate tax deductions under the provisions
of N.J.S.A. 54:4-8.40 et seq., as said sections shall be amended from
time to time, together with any applicable regulations promulgated
thereunder.
|
|
Over 8,000 gallons
|
There shall be an additional charge to those rates set forth
above of $5 for each 1,000 gallons in excess of 8,000.
|
B.
Wherever there exists a sprinkler system designed
to afford protection against the destruction of property by fire,
the following rates shall be charged quarterly:
[Amended 12-12-1989 by Ord. No. 89-11]
C.
The foregoing minimum rates shall be charged whenever
an established service exists even though there shall be no actual
consumption of water through such service.
D.
Where two or more consumers are supplied through a
single service line, there shall be a minimum rate charged for each
consumer so serviced.
[Added 11-10-1981 by Ord. No. 7-81]
A.
In special cases not contemplated in the schedule in § 286-23A or not clearly defined therein, the Borough Council is hereby authorized to establish special rates or rentals under such schedules or formulas as the Borough Council may deem necessary to keep and maintain the Water Department on a self-liquidating basis and to make, execute and deliver such contracts with such special consumers as the circumstances may require; provided, however, that the Borough Council reserves the right to amend, alter or change this section from time to time by resolution as circumstances may require.
B.
Any unoccupied lot abutting upon a street wherein
a water main has been laid and to which the lot may connect shall
pay an annual standby or ready-to-serve charge of $40, payable quarterly.
Any lot owner shall have the right to ask relief from the standby
or ready-to-serve charge upon showing of good cause. Any request shall
be made, in writing, to the Councilperson designated by the Mayor
to head the Water Department.
[Amended 11-10-1981 by Ord. No. 7-81; 7-12-1983 by Ord. No.
83-6]
C.
Any lot occupied by a building or buildings as set
forth in the definition of "consumer" in § 286-1A(1) through
(5), abutting upon a street wherein a water main has been laid and
to which the lot may connect, shall be required to connect to such
water main, and the Water Department of the Borough of Newfield shall
be the sole and exclusive supplier of potable water for such lots.
[Added 3-13-1979; amended 7-12-1983 by Ord. No. 83-6]
D.
Any person having a well used for drinking purposes
shall not be required to pay a minimum rate charge. At any time the
well no longer provides potable water for drinking, the person shall
be required to pay any minimum rate charge then in effect regardless
of whether water service is connected to the building.
[Added 11-10-1981 by Ord. No. 7-81;
amended 7-12-1983 by Ord. No. 83-6]
The governing body may enter into a contract
with any person to supply him with water for fire protection, manufacturing
and irrigation and other special purposes, at rates and upon conditions
to be designated by the governing body. Thereupon such person shall
pay to the municipality the rate and all other charges stipulated
in the contract instead of the usual rates charged in the municipality,
but nothing herein contained shall alter or affect the lien herein
imposed for unpaid water rents or rates nor change the rights of municipalities
to collect unpaid water rates or rents in accordance with the provisions
of N.J.S.A. 40:62-47 to 40:62-105.
The Borough shall have the power to sell water
to consumers outside the Borough limits. In such sales the Borough
shall not be responsible for the maintenance of any water connection,
extension or main, but the same shall be the sole responsibility of
the users either individually or collectively, as the case may be.
The Borough Council may from time to time prescribe certain rules
and regulations under which it will furnish water to property owners
situated outside the limits of the Borough. In no instance shall owners
of property out of the Borough be charged less for water furnished
than would be charged if similar buildings supplied were located within
the Borough. The Borough shall furnish water to users outside of the
Borough only when the type of connection, main or extension shall
meet the requirements of the Borough and Board of Health, and the
Borough may from time to time prescribe certain rules and regulations
pertaining thereto. No person, unless authorized by the Department,
shall take water from any public fire hydrant except for fire purposes
or for the use of the Fire Department. No fire hydrant shall be used
for sprinkling the streets, flushing sewers or gutters or for any
other purposes except by the Water Department of the Borough. In furnishing
water to consumers outside of the Borough, the tap of the main to
the service connection shall only be made by the Water Department
of the Borough, and for such service the applicant for a permit for
such service shall pay to the Chief Water Clerk of the Borough a charge
to be determined by Borough Council.
[Amended 12-10-1991 by Ord. No. 91-9; 3-8-1994 by Ord. No.
94-2; 2-14-1995 by Ord. No. 94-6]
A.
Billings for water service, water used, sprinkler
system service or fire service will be rendered quarterly on or before
the 15th day of January, April, July and October. Water bills are
due quarterly, February 1, May 1, August 1 and November 1. A ten-day
grace period will be allowed before any interest will be charge. A
rate of interest on delinquent water bills is hereby fixed at 18%
per annum or 1 1/2% per month.
[Amended 4-13-2004 by Ord. No. 2004-2]
B.
Notice of violation. Should any consumer of water service as set forth in this chapter violate the regulations contained in this section or any regulation adopted pursuant to Chapter 286, including, but not limited to, failure to make payment in accordance with billing for water service or failure to provide access to premises for inspection of and maintenance of water meters and associated equipment, shall be served with a written notice of violation setting forth the nature of the violation. Notice shall be by personal service upon the consumer, upon any individual at a residence who is 14 years of age or older, or, if it is a business, church or school, upon the owner, appropriate representative or agent of said business, church or school. Service of a notice of violation by way of certified or regular mail shall be deemed served upon three days after the postmark on the certified or regular mail, and, with regard to regular mail, if the same is not returned to the Borough as undeliverable. Personal service shall be deemed served as of the date of service when made in compliance with this section.
[Amended 4-13-2004 by Ord. No. 2004-2]
C.
Procedure following service of notice of violation.
All consumers served with a notice of violation shall have 30 days
to come into compliance with the requirements of this section and
cure the violation. Should the violator fail to cure the violation
within the time period required, the Superintendent shall prepare,
by the first of each month, a written list of violators setting forth
the violator's name, property address, account number, and nature
of violation, and stating, with regard to each, the date when service
of notice was made, and provide said list to Borough Council at the
Council meeting immediately following the preparation of the list.
The Superintendent shall be authorized to take the following actions:
[Amended 4-13-2004 by Ord. No. 2004-2]
(1)
Terminate service of the violator;
(2)
To require the installation of new meters or equipment
as may be required in order to insure compliance;
(3)
To authorize a lien to be placed against said property
and owner thereof for all properties within the Borough of Newfield,
and thereafter initiate a tax sale;
(4)
With regard to all customers not located within the
Borough of Newfield should the violation be for failing to make payment
of billings and interest for water service, to authorize the initiation
of collection proceedings in the Superior Court of New Jersey to obtain
judgment for all amounts due, including reasonable attorneys' fees
and costs for the initiation of such action;
(5)
For the service of an additional notice upon the violator;
(6)
Directing such other action to be taken as may be
determined by the Superintendent to be appropriate.
D.
A four-inch metered connection or above shall be billed
monthly as per the rate schedule.
[Amended 4-13-2004 by Ord. No. 2004-2]
E.
Violations and penalties.[1] Notwithstanding any other provision contained herein, the Municipal Court shall have concurrent jurisdiction to hear alleged violations of this section. Any person who is convicted of violating any of the provisions of this section or regulations adopted pursuant thereto or an order of the Borough Council lawfully issued pursuant to the provisions of this section shall be subject to the penalties in § 286-36 in the sole discretion of the Municipal Court Judge. Each day that a violation occurs or continues after notice has been served shall be deemed a separate and distinct offense.[2]
F.
A four-inch metered connection or above shall be billed
monthly as per the rate schedule.
No person shall in any manner obstruct or prevent
free access to any fire hydrant or place or store temporarily or otherwise
any object, material, snow, debris or structure of any kind within
a distance of five feet of any fire hydrant. Any such obstruction,
when discovered, shall be removed at once by the Water Department
at the expense of the person responsible for the obstruction.
In case of prolonged scarcity of water from
any cause, the Borough Council reserves the right, upon public notice,
to have the use of water for hose and sprinkling purposes suspended
or restricted.
Any necessary changes in piping between the
curb and the premises due to corrosion or otherwise, valves or connections
and all material and labor used to increase the water supply or efficiency
thereof must be made by the property owner at its own expense, subject
to inspection and approval of the Department.
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.
(2)
For 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 consumer.
(4)
For molesting, tampering with or attempting to molest
or tamper with any service pipe, curb stop, seal, water meter or any
other appliances of the Department.
(5)
For refusal of access at reasonable hours to property
for purposes of inspecting or for repairing, caring for or removing
meters.
(6)
For nonpayment of bills for service rendered or water
consumed and fines and penalties imposed, or for any other reason
causing or tending to cause a loss to the Department.
B.
In no case shall the water service be restored until
the defects have been remedied and the bills due and fines or penalties
imposed and a fee of $5 to cover the cost of shutting off and turning
on of the water have been paid, plus a deposit in the amount of $20
to be placed by said consumer and to be returned to said consumer
without interest should the account remain paid for the current year.
Furthermore, the owner of the premises shall be liable for any loss
sustained by the Department as the result of such defects.
The Borough reserves the right to decrease or
limit the quantity of water used whenever in the judgment of the Borough
it is necessary or expedient so to do. The Borough is not responsible
for damages by reason of the failure to supply water insofar as it
may affect any property or use thereof.
[Amended 8-11-1981 by Ord. No. 5-81[1]]
When requested by the owner or its agent, the
Department shall discontinue service to a property. A turn-on charge
of $10 shall be made when the service is restored. Whenever service
shall have been temporarily turned off, the service charge hereinbefore
established shall continue against the premises. No adjustment of
water charges due to failure of the Department to discontinue or restore
water service as requested by an owner shall be made unless the request
for discontinuance or restoration is in writing and duly filed with
the Water Clerk. When service is discontinued for nonpayment of a
valid bill, a reconnection charge of $40 shall be billed to the account.
[Amended 8-11-1981 by Ord. No. 5-81]
Where connections are abandoned, the owner of
the premises thereafter desiring water service shall make an application,
and if it is necessary to install a new lateral, the owner shall pay
a minimum charge of $15 for such reconnection.
All mains placed as an extension to the water
system at the cost and expense of any person within the Borough shall
be the property of the Borough and shall thereafter be the responsibility
of the Borough for care, maintenance and repair.
Any person who shall violate any of the provisions
of this chapter, upon conviction thereof, shall be subject to a fine
not to exceed $2,000, imprisonment for a term not to exceed 90 days,
and/or a period of community service not exceeding 90 days, upon each
violation, at the discretion of the Municipal Judge.[2]
