Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 121-87 § 1; Ord. No. 172-91 § 1; Ord. No. 188-92 § 1; Ord. No. 255-98 § 2; Ord. No. 424-09 § 2; amended 12-11-2019 by Ord. No. 576-19]
The minimum rate for the furnishing of water by the Water/Sewer Utility shall be in accordance with the following schedule:
All Meters
Minimum Quarterly Consumption
Quarterly Minimum Charge
3/4" to 4"
6,000 gallons
$105
[Ord. No. 121-87 § 2; Ord. No. 238-96 § 2; Ord. No. 255-98 § 3; Ord. No. 424-09 § 3]
For each 1,000 gallons of water supplied each quarter in excess of the minimum quarterly allowances set forth in Subsection 19-1.1, a fee of $9.50 will be made for water in addition to the minimum quarterly charge.
[Ord. No. 255-98 § 4; Ord. No. 424-09 § 3]
The charges set forth herein shall be effective as of January 1, 2009.
[Ord. No. 424-09 § 4]
Quarterly Charge: $12.50
[Ord. No. 121-87 § 3]
No person shall make any connection to the water/sewer system operated by the Water/Sewer Utility of the Borough without first obtaining a permit therefor and paying the fees prescribed herein. Application for connection to the water system shall be made to the Construction Code Official and shall contain such information as he or she may require. The Construction Code Official shall have 30 days in which to reject the application or issue the permit.
[Ord. No. 121-87 § 4; Ord. No. 183-91 § 1; Ord. No. 301-01 § 2; Ord. No. 482-13]
a. 
Connection Fees. The fees which shall be paid for any permit for connection to the water system operated by the Water/Sewer Utility shall be as follows:
Size of Meter or Lateral
Connection Fee
Under 4"
$1,000.00
4" — 6"
$1,225.00
6" or larger
$2,500.00
b. 
Payment of Fees. Full payment shall be made for services described in Subsection a at the time they are due and payable, except that:
1. 
A property owner may elect to pay for the water service connection fee within two years in quarterly installments with a simple interest rate of one and one-half (1 1/2%) percent until the date the entire amount is paid; and
2. 
The interest on payments described in Subsection b,1 may be waived if a property owner demonstrates a household income at or below 150% of the Federal poverty level provided by the HHS Poverty Guidelines.
[Ord. No. 121-87 § 5]
All connections to the water system operated by the Water/Sewer Utility shall be made by a registered plumber licensed by the State of New Jersey. All such connections shall be made only after the requisite permit has been issued and only after the licensed plumber who is to make the connection has given at least 48 hours notice of the time and place of the connection to the Plumbing Subcode Official.
[Ord. No. 121-87 § 6]
Bills for all water furnished by the Water/Sewer Utility shall be sent out quarterly and shall be due and owing in full within 30 days of the mailing date thereof. Any water bill which is not paid in full within this 30 day period shall thereafter bear interest on the total amount owed on the account of 8% per annum. In the event that any account, including interest thereon, is not paid in full within one year from the date of the bill for the past due amount shall result in a municipal lien being placed against the property. The imposition of any such municipal lien shall be in addition to any other remedies the Borough shall have to collect the full amount, including interest, of the monies owed it for the furnishing of water.
[1]
Editor's Note: See § 19-6 for adjustment of water bills due to catastrophic occurrences.
[Ord. No. 121-87 § 7; Ord. No. 230-95 § 2]
The furnishing of water to any user may be terminated by the Borough for nonpayment of any monies owed it for the furnishing of water or for violation of any of the rules and regulations regarding the furnishing of water by the Water/Sewer Utility of the Borough. Water service to any user shall not be terminated, however, until after the user has been notified of the proposed termination and given a period of 30 days in which to request a hearing on the proposed termination or satisfy the condition on which the proposed termination is based. All notices regarding a proposed termination of water service shall be by regular mail, to the name and address of the user as it appears on the records of the Water/Sewer Utility of the Borough. All persons shall be responsible for notifying the Water/Sewer Utility of their current name and address.
[Ord. No. 121-87 § 8]
For any water service which is terminated by the Borough, there shall be a reconnection fee of $25 which must be paid before the water service can be resumed. Any such reconnection can only be made by the Water/Sewer Utility.
[Ord. No. 121-87 § 9]
All water supplied by the Water/Sewer Utility of the Borough to any users shall be metered. Meters shall be furnished by the Water/Sewer Utility of the Borough and shall be maintained by the Water/Sewer Utility except in situations where the meter is damaged intentionally or through the negligence of any person. Any such person shall pay and be responsible for the repair or replacement of any meter so damaged. Upon request, the Water/Sewer Utility shall test any meter for accuracy. No person shall remove, alter, tamper with, install or connect any water meter without the prior written permission of the Water/Sewer Utility.
[Ord. No. 121-87 § 10]
No water service furnished by the Water/Sewer Utility shall be discontinued or shut off unless prior written approval therefor has been given by the Water/Sewer Utility and any such discontinuance or shut off of service may only be done by a licensed plumber. Reinstatement of service may only be done by a licensed plumber and after prior written approval therefor has been given by the Water/Sewer Utility.
[Ord. No. 121-87 § 11]
Any connections between the water supply systems of the Water/Sewer Utility of the Borough of West Cape May and any other water supply are prohibited without the prior written approval of the Water/Sewer Utility.
[Ord. No. 121-87 § 12]
Each separate structure on a property and each separate property supplied by the Water/Sewer Utility shall have a separate meter and connection to the water supply system except where prior written approval is otherwise given by the Water/Sewer Utility.
[Ord. No. 121-87 § 13]
All water supply mains and laterals up to the curb or street line shall be maintained by the Water/Sewer Utility.
a. 
All connections to the water supply system inside the curb or street line shall be maintained by the user at his or her cost. All users shall maintain his or her connections to the water supply system from inside the curb or street line in good repair.
b. 
In situations where there is a leak or repair needed to the water supply system and it is difficult to tell on which side of the curb or street line such leak or repair is needed, the Water/Sewer Utility shall undertake to fix the leak or make necessary repairs and thereafter bill for the cost thereof the user therefor if it is subsequently determined that the leak or repair needed is inside the curb or street line.
c. 
The cost to fix any such leak or make any such repair shall become a municipal lien against the property if not paid in full within 60 days of the date the bill for same is mailed. All leaks that are the responsibility of the user or property owner shall be properly repaired within 72 hours of notification thereto by the Water/Sewer Utility.
d. 
In the event the user or property owner fails to repair any such leaks within this period, then the Water/Sewer Utility shall have the right to do so and thereafter bill the user or property owner for the cost thereof. If any such bills are not paid within 60 days of the date the bill for same is mailed, it shall become a municipal lien.
[Ord. No. 121-87 § 14]
Any person found to have violated any provision or subsection of this section shall be punishable by a fine of not more than the penalty stated in Chapter 1, § 1-5.
[Ord. No. 138-92 § 2; Ord. No. 228-95 § 2]
Use of the fire hydrants in the Borough for any other purpose except the fighting of fires and flushing of the system by the Water/Sewer Utility is prohibited without prior written permission of the Borough Clerk. The Borough Clerk shall permit such use for construction and other valid purposes provided the person or entity desiring such use first makes request thereof, in writing, specifying the nature of the proposed use, estimated amount of water to be used and also delivers to the Borough Clerk a deposit in the amount of $700. Any such applicant shall thereafter pay for the amount of water used in accordance with the rates established in Subsection 19-1.1.
[Ord. No. 205-92 § 1; Ord. No. 274-00 §§ 2, 3]
a. 
Bills for water and sewer service will be rendered four times per year, unless otherwise specified herein, and are due and payable when rendered.
b. 
When possible, charges shall be based on actual water consumption as measured by water meters. All water meters will be read four times per year commencing on or about April 1, July 1, October 1, and January 1.
c. 
All bills shall be payable within 30 calendar days of the date of the bill. Any bill not paid within 30 calendar days, shall be subject to a payment of interest at the rate of 8% per annum on the first $1,500 of delinquency and 18% per annum on any amount in excess of $1,500 to be calculated from the date of the delinquency to the actual date of receipt.
[Ord. No. 192-92, Preamble]
There is a shortage of potable water in the southern Cape May County area; and it is estimated that this shortage will worsen in the immediate future due to increased population and increasing salt water intrusion into certain area aquifers. It has been determined that certain uses of water should be regulated in order to help conserve the supply thereof.
[Ord. No. 192-92 § 1]
This section shall apply to all persons obtaining or furnishing water from the water utility operated by the Borough of West Cape May. This section shall thus not apply to water obtained or furnished from private wells on private property.
[Ord. No. 192-92 § 2]
The water conservation activities set forth in this section shall be applicable on an odd/even day basis. The water use restrictions set forth in this section shall be applicable to persons obtaining water from the water utility operated by the Borough of West Cape May on odd-numbered days.
[Ord. No. 192-92 § 3]
On odd-numbered days it shall be unlawful for any person or persons to perform any of the following activities:
a. 
Washing of motor vehicles of any type, boats or structures of any type.
b. 
The watering of lawns, gardens or ground cover of any type between the hours of 10:00 a.m. and 6:00 p.m.
c. 
The use of water outside of a structure for any unnecessary purpose except for those uses directly required for human sanitation and cleanliness such as customary exterior showers for the washing and rinsing off of humans.
[Ord. No. 192-92 § 4]
This section shall not apply to bona fide uses of water for strictly agricultural purposes provided the principal use of the property where the water is so used is that of agriculture and not a business or residential use nor shall this section apply to the reasonable use of water for construction purposes only such as for the mixing of cement.
[Ord. No. 192-92 § 5]
The owner or owners of any property where water is used in violation of this section shall also be deemed to have violated this section unless it is affirmatively demonstrated that they have taken reasonable steps to prevent such unlawful use of water such as the conspicuous posting of notices on the property and including these water conservation rules in their leases to so inform their invitees, lessees and users of their property.
[Ord. No. 192-92 § 6]
Any person or persons convicted of violating any provisions of this section shall upon conviction be liable to the penalty stated in Chapter 1., § 1-5.
[Ord. No. 300-01 § 1]
A consumer faced with an exceptionally large bill due to a catastrophic event, such as a broken water line or malfunctioning equipment, or similar event, may be entitled to an adjustment. A catastrophic event does not include a leaking toilet or faucet.
[Ord. No. 300-01 § 2]
The following procedure shall be followed to obtain such an adjustment.
a. 
The consumer shall file a written request for an adjustment with the Superintendent of the water utility.
b. 
The request shall be accompanied by an affidavit from a licensed plumber or person making repairs certifying the nature of the malfunction, the date(s) of occurrence, its duration, the repairs made to correct it, and an itemized invoice detailing the services performed.
c. 
The request shall include all other invoices or receipts for any other repair services or equipment pertaining to the malfunction.
d. 
The request shall be accompanied by a written consent of the property owners or occupants granting permission to the Borough to enter the property to inspect it and to investigate the request for adjustment.
e. 
A request for adjustment must be filed no later than 30 days from the date the consumer first knew of the catastrophic occurrence.
[Ord. No. 300-10 § 3]
The Superintendent shall decide the claim within 45 days of presentation of a completed application. Upon being satisfied that a catastrophic event occurred, the Superintendent may adjust the claimant's water bill, provided that adjustment shall not reduce the bill below the average bill for that property in that quarter for the previous three years. Any adjustment of $250 or more must be approved by resolution of Borough Commission. A second or subsequent adjustment in any 12 month period must be approved by resolution regardless of amount.
[Ord. No. 300-01 § 4]
Any person denied an adjustment by the Superintendent may appeal to Borough Commission. The appeal shall be in writing and must be filed within 20 days of receipt of the Superintendent's decision. The Commission will review the evidence submitted to the Superintendent and may affirm, reverse or modify the Superintendent's decision, or may remand the matter to the Superintendent for additional information, after which the matter will be returned to the Commission for determination.
[Ord. No. 300-01 § 5]
The Superintendent shall develop, publish and annually revise standards and criteria for calculating water adjustments for catastrophic events.