Township of East Brunswick, NJ Article XII Utilities

[Amended 2-23-65 by Ord. No. 65-1-A; 9-23-68 by Ord. No. 68-118; 4-26-71 by Ord. No. 71-1-O; 11-22-71 by Ord. No. 71-1-Q; 6-28-76 by Ord. No. 76-174-B[1]; 12-28-98 by Ord. No. 98-37]

[1] Editor's Note: Ordinance No. 76-174-B revised this Article to pertain to utilities. Formerly this Article pertained to the Department of Public Works which was consolidated into other departments.

§ 3-81 Water utility.

[Amended 8-14-78 by Ord. No. 78-49; 4-8-85 by Ord. No. 85-653; 8-10-87 by Ord. No. 87-861; 3-26-18 by Ord. No. 18-03]

Within the Department of Administrative Services there shall be a Water Utility which shall have the responsibility of effectuating the purposes of Chapter 218 of the Code of the Township East Brunswick.

A. There shall be a Water Production Section, the head of which shall be the Director of Public Works, or the Director of another Township Department, or the Director of the Water and Sewer Utilities. The choice of which Director shall head the Water Production Section shall be made by the Mayor with the advice and consent of the Council. Under the supervision and direction of its Director, the Section shall:

[Amended 3-26-18 by Ord. No. 18-03]

(1) Use diligence and reasonable care to provide a constant supply of water to consumers in accordance with Chapter 218 of Code of the Township of East Brunswick, as applicable.

(2) Operate and maintain the water treatment plant, reservoir, pumping stations and elevated storage tanks.

B. The Division of Public Works shall be responsible for maintenance, construction and improvement of all capital operations of the Water Utility.

[Amended 3-26-18 by Ord. No. 18-03]

C. The Division of Revenue shall be responsible for collection of all charges, and the Division of Accounts and Treasury shall be responsible for investments of moneys and all such financial operations in conjunction with the administration of water delivery within the Township of East Brunswick.

D. There shall be a Water Policy Advisory Committee consisting of residents of the Township of East Brunswick to advise the Administration, Mayor, Council and/or Planning Board as is appropriate. The Water Policy Advisory Committee shall be responsible for an on-going review of the Water Supply Master Plan and report their recommendations from time to time to the Planning Board, the Mayor and Township Council. The Committee shall advise in the operation of the Water Utility and in the development of a sufficient water supply of adequate quality for the full development of the East Brunswick community and shall annually recommend the water utility budget to the Mayor. The size of the Committee shall be eleven (11) members, one of whom shall be a member of the Township Council to be appointed by the Township Council, and the remaining members to be appointed by the Mayor with the advice and consent of the Township Council for staggered terms of three years each, except that three members shall serve for a one year term and three members shall serve for a two year term at the time the first group of members is appointed.

[Added 2-22-82 by Ord. No. 82-437; 7-26-82 by Ord. No. 82-466; 12-27-82 by Ord. No. 82-485; 4-24-89 by Ord. No. 89-14]

§ 3-82 Crystal Springs Family Waterpark Utility.

[Amended 8-14-78 by Ord. No. 78-49; 4-8-85 by Ord. No. 85-653; 8-10-87 by Ord. No. 87-861; 1-24-94 by Ord. No. 94-1; 4-24-17 by Ord. No. 17-19]

Within the Department of Recreation, Parks and Community Services shall be a Crystal Springs Family Waterpark Utility which shall have the responsibility of effectuating the purposes of Chapters 158, 195 and 197 of the Code of the Township of East Brunswick.

§ 3-83 Parking utility.

[Amended 8-22-77 by Ord. No. 77-227-B; 8-14-78 by Ord. No. 78-49; 4-8-85 by Ord. No. 85-653; 4-22-85 by Ord. No. 85-659; 6-24-85 by Ord. No. 85-674; 4-7-86 by Ord. No. 86-745; 12-8-86 by Ord. No. 86-806; 8-10-87 by Ord. No. 87-8591-11-88 by Ord. No. 87-892; 5-23-88 by Ord. No. 88-931; 3-25-91 by Ord. No. 91-31; 10-27-97 by Ord. No. 97-30; 8-30-03 by Ord. No. 03-29; 7-7-08 by Ord. No. 08-15; 11-14-11 by Ord. No. 11-19]

Editor's Note: These provisions, which are a part of Ord. No. 76-174-B, were deemed to supersede Ord. No. 75-227, adopted 9-22-75, as amended 10-6-75 by Ord. No. 75-227-A, which created the East Brunswick Parking Utility.

Within the Department of Finance there is hereby created and continued a Parking Utility (N.J.S.A. 40A:1-1) within the Township. The Parking Utility, while organized as a separate function and, for budgeting purposes, is organized for self-liquidating purposes (N.J.S.A. 40A:4-33) and shall operate as any department within the Township. The East Brunswick Parking Utility shall be organized in accordance with N.J.S.A. 40:60-25.1 and the Code of the Township of East Brunswick. As any department, the Utility shall be ultimately responsible for its administration to the Mayor and to be under the legislative control of the Township Council. In accordance with § 3-50 of the Code, the Utility shall be under the direction of the Business Administrator.

The Parking Utility shall be operated as follows:

A. The Department of Finance shall be responsible for maintenance, construction and improvement of all capital operations of the Parking Utility.

B. The Department of Finance shall be responsible for the collection of all fees, investments of moneys and all such financial operations in conjunction with the administration of public parking within the Township of East Brunswick.

C. The East Brunswick Parking Utility is authorized to charge and enforce parking rates according to the following:

(1) Automobile parking by permit at Transportation and Commerce Center and other Township Parking Utility sites.

(a) $30 resident and $60 nonresident per month through December 31, 2013 and increase to $65 on January 1, 2014.

(2) Truck parking will not be permitted.

(3) Day rate parking for automobiles without permit

(a) $5 per day.

(4) Automobile parking by permit at the Neilson Parking Plaza

(a) Residents of East Brunswick $30 per month

(b) Nonresidents of East Brunswick $60 per month through December 31, 2013 and increase to $65 on January 1, 2014.

(c) $5 per day.

(d) Weekend parking for residents and nonresidents $3 effective October 1, 2003 and $4 effective July 1, 2004 per day.

(5) Replacement fee for lost or destroyed permit $1.

D. A monthly permit will be sold for parking at the Transportation and Commerce Center and preference will be given to East Brunswick residents subject to rules and regulations to be adopted and implemented by the East Brunswick Parking Utility.

E. The parking rates shown in (1), (3) and (4) shall apply to any new lots which are operated by the East Brunswick Parking Utility.

F. The Collector of Revenue and the Director of Finance are hereby instructed to account for all parking receipts according to existing state law and subject to the annual audit.

G. In accordance with N.J.R.S. 40:48-10 all moneys received by or on behalf of the Parking Utility shall be paid to the Collector of Revenue, who shall deposit all such receipts within forty-eight (48) hours.

H. An annual budget shall be prepared in accordance with N.J.R.S. 40A:4.

I. The Parking Utility shall comply with all applicable provisions of N.J.R.S. 40:62.

J. The parking rates as delineated and the provisions of the permitted parking system are to be enforced by the Parking Enforcement Officer employed by the Parking Utility.

(1) Driving the wrong way on the parking garage ramps.

(2) Parking in a non-authorized area.

(3) Parking without payment.

(4) Parking without the appropriate permit.

(5) Stopping or standing in the buses only lane.

(6) Parking across designated stall.

(7) Driving wrong way in exit or entrance of parking facilities.

(8) Making and using fraudulent monthly parking permit.

(9) Failure to park head-on in stall.

[Added 5-13-2019 by Ord. No. 19-12]

K. The penalty for violating the parking rules and regulations shall be set by the Court and listed on the Court's Violation Bureau schedule of fines.

L. Definitions. As used in this section, the following terms shall have the meanings indicated:

[Added 12-12-2022 by Ord. No. 22-30]

PARKING UTILITY PATRONS

All bus ticket holders, individuals seeking to purchase bus tickets, and individuals who are paying to park a motor vehicle in a Parking Utility parking deck.

M. Hours of operation. Parking decks, lobbies, waiting areas, and restrooms at Parking Utility sites shall be closed during the following times, unless otherwise posted at the Parking Utility site:

[Added 12-12-2022 by Ord. No. 22-30]

(1) Neilson Parking Plaza shall be closed from 1:00 a.m. to 4:00 a.m.; and

(2) The Transportation and Commerce Center shall be closed from 11:00 a.m. to 3:00 p.m. and from 11:00 p.m. to 4:00 a.m.

N. Limitations of use.

[Added 12-12-2022 by Ord. No. 22-30]

(1) Parking decks at Parking Utility sites shall only be used by Parking Utility patrons. Parking decks at Parking Utility sites shall only be accessed during the specified hours of operation.

(2) Lobbies, waiting areas, and restrooms at Parking Utility sites shall only be accessible to Parking Utility patrons and those picking up or dropping off Parking Utility patrons. Lobbies, waiting areas, and restrooms at Parking Utility sites shall only be accessed during the specified hours of operation.

(3) The penalty for violating the limitations of use shall be the same as set forth in Chapter 165, Public Property, Trespassing, § 165-1.1, Violations and penalties for trespass on public property, and shall be enforced by the Department of Public Safety.

§ 3-83.1 Construction inspection utility.

[Added 3-19-79 by Ord. No. 79-122]

Within the Department of Administrative Services there shall be a Construction Inspection Utility which shall have the responsibility of effectuating the purposes of Chapters 49, Architectural Review, 75, Construction Codes, Uniform, and 78, Contractors, Building, of the Code of the Township of East Brunswick.

§ 3-83.2 Sewer utility.

[Added 12-12-83 by Ord. No. 83-547; amended 6-14-10 by Ord. No. 10-11; 6-25-12 by Ord. No. 12-05; 3-26-18 by Ord. No. 18-03]

Within the Department of Administration there shall be a Sewer Utility which shall have the responsibility of effectuating the purposes of Chapter 219 of the Code of the Township of East Brunswick.

A. There shall be a Collection System, the head of which shall be the Director of Public Works, or the Director of another Township Department, or the Director of the Water and Sewer Utilities. The choice of which Director shall head the Sewer Utility shall be made by the Mayor with the advice and consent of the Council. Under its Director's supervision the System shall:

[Added 6-14-10 by Ord. No. 10-11; amended 6-25-12 by Ord. No. 12-05; 3-26-18 by Ord. No. 18-03]

(1) Use diligence and reasonable care to provide a safe collection system for consumers in accordance with Chapter 219 of the Code of the Township of East Brunswick, as applicable.

[Added 6-14-10 by Ord. No. 10-11]

(2) Operate and maintain the collection system and pumping stations.

[Added 6-14-10 by Ord. No. 10-11]

B. The Division of Engineering shall be responsible for design of, construction and improvement of capital improvements of the Sewer Utility.

[Added 6-14-10 by Ord. No. 10-11]

C. The Division of Revenue in the Finance Department shall be responsible for collection of all charges, and the Division of Accounts and Treasury shall be responsible for investments of moneys and all such financial operations in conjunction with the administration of sewerage delivery within the Township of East Brunswick.

[Added 6-14-10 by Ord. No. 10-11]

§ 3-83.3 Police Training Utility.

[Added 12-28-98 by Ord. No. 98-37]

A. Department of Finance shall be responsible for the collection of all fees, rate setting, investing of all monies and all such financial operations in conjunction with the administration of the police training utility within the Township of East Brunswick.

B. The Department of Public Safety shall be responsible for the staffing, supervision, safety and management of the Utility property known as the Police Firearms Training Facility.