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Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 10-14-1971 by Ord. No. 5-71 as Ch. 31, Art I, of the 1971 Code of Ordinances]
The Mayor and Council reserves the right to alter, amend, add to or revise the rules and regulations contained in this chapter or change the water rates at any and all times, and such amendment, alteration or revision shall not invalidate any agreement made with reference to such rules and regulations but shall be equally binding upon all persons as if they had been incorporated herein, provided that any person or party hereto dissatisfied with such alterations, by giving notice, in writing, to the clerk of the water utility and paying for the disconnection of their service pipe and all arrearages due, can have their contract terminated and receive any overpayment they may have made for the time supplied.
The Borough shall not be liable to any consumer of water for any damages whatsoever resulting from any failure on the part of the Borough to supply water to such consumer.
A. 
Extensions of or changes in the water mains of the Borough's system may be initiated by the Mayor and Council or the Public Works/Public Utilities Committee or by a proper application from any person.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
B. 
Applications for the extension of old or the construction of new mains shall be addressed to the Committee and made upon blank forms prepared by the Borough Clerk, and all blank spaces thereon intended to be filled in by the applicant must be fully and correctly filled in, and the applicant must subscribe to the conditions thereon.
C. 
The Committee will thereupon consider the application and advise the applicant of its decision. The Committee may prescribe the terms and conditions upon which the application will be granted and will require written acceptance or guaranty of such terms and conditions by the applicant, in the form of a contract, which must further be confirmed by the Mayor and Council.
D. 
If the application is granted, the Mayor and Council will instruct the Committee to proceed as promptly as practicable with the work, upon the terms and conditions named. Unless otherwise stipulated, all work pertaining to the extension of or changes in the water mains will be done in accordance with this article at the expense of the applicant.
E. 
All applications shall be subject to the provisions of Article IV of this Chapter 247.
[Added 8-8-2013 by Ord. No. 15-13]
The Borough shall have the right at all times to shut off the water from all or any part of the pipes or mains for the purpose of making extensions, alterations or repairs without abatement from the rates charged; but if the water shall be shut off from any openings for such purpose for a longer period than 10 days at one time, an equitable abatement shall be made for such excess from the rent.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Borough water shall be taken and used only through supply and service pipes established by or under the supervision of the Public Works/Public Utilities Committee.
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
The water mains and supply pipes of the Public Works Department shall be under the exclusive control of the Mayor and Council. No other person shall disturb, tap, change, obstruct access to or otherwise interfere with them in any way.
Taps to water mains, supply pipes, corporation cocks and curb stops shall be installed and repaired only by the Borough.
No addition or alteration shall be made in or about any public pipe without permission, in writing, from the Borough, and any violation of this rule may, at the option of the Borough, be followed by disconnection of the service pipe from the main or prohibition from the use of water therefrom without notice, hearing or appeal.
A. 
All applications for the introduction of Borough water to private premises or for the change of an existing supply shall be made to the Borough Clerk by the owner of the premises. Said application shall be subject to the provisions of Article IV of this Chapter 247.
[Amended 8-8-2013 by Ord. No. 15-13]
B. 
The application must be made upon blank forms furnished by the Clerk, and the applicant must subscribe to the conditions printed thereon. The application must be accompanied by the tapping fee in full, which fee will be returned if the application is not granted.
C. 
Upon receipt and approval of the application required in Subsection A, the Public Works/Public Utilities Committee shall issue an order for the installation of a supply pipe and its appurtenances.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
D. 
No additional connections or alterations to existing connections will be made for the owner of any premises unless and until all charges of every nature due the Borough from such owner or charged against such premises are first paid.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Water supply pipes shall be of such material and of such size and quality as the Public Works/Public Utilities Committee may select or approve.
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
Supply and service pipes and all other pipes or fixtures placed underground must be placed at least four feet below the surface or finished grade of the ground to ensure against freezing.
In each building intended to be connected with the public water supply, there shall be provided a valve placed as near the front basement or foundation wall as possible but before the meter position, and, where easily accessible, another valve of the same type shall be placed directly after the meter followed by a check valve in order that the water may be turned on and off and drained from the pipe in case of accident and in order to make necessary repairs. Such valves must be kept in good working order and must be thoroughly protected from frost.
[Amended 3-13-1975 by Ord. No. 2-75; 6-13-1985 by Ord. No. 17-85; 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91; 3-11-2004 by Ord. No. 02-04]
Tapping fees for taps and supply pipes to and including the corporation cock and curb stops shall be as provided in Chapter A263, Fees. Such supply pipes as furnished and placed will remain the property of the Borough.
The Mayor and Council shall establish from time to time, by resolution, the fee to be paid at the time of applying for water to be used during construction of new houses and until permanent water meters shall be set. In the case of water used during the construction of a commercial or industrial building, it is required that a meter shall be set for the purpose of measuring the amount of water used during construction, and the customer shall be billed for the quantity of water used.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
All digging and backfilling from the curb to the meter is the responsibility of the owner, and no backfilling shall be done until inspected and approved by the Superintendent of Public Works.
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07]
Owners of property desiring any unusual construction, alteration or attachments connected with the water supply must submit plans and specifications for the same to the Public Works/Public Utilities Committee for its inspection and approval or disapproval, for its determination as to whether the same are permissible and for the terms and conditions under which their use will be allowed.
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
Curb stops shall be used only by the Borough.
Any person desiring to discontinue the use of water supplied by the Borough must give notice, in writing, to the clerk of the water utility in order that the water can be turned off. Such notice should be given at or before the beginning of a new quarter. No deduction will be made for an unexpired portion of any quarter. Where proper notice is not given, water rents will be charged until such notice is given.
A. 
Where the water has been turned off by the Borough for any reason, no person shall turn it on again without the permission of the Superintendent of Public Works.
[Amended 5-10-2007 by Ord. No. 07-07;[1]; 9-13-2007 by Ord. No. 16-07; 3-13-2008 by Ord. No. 04-08]
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
B. 
A turn-on fee shall be charged in accordance with § 247-24 for turning the water on again.
A. 
Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited, even where the service is metered.
B. 
The Mayor and Council may, by resolution, limit or prohibit the use of water for purposes not deemed essential whenever, in its judgment, it shall be necessary or prudent to do so to conserve the supply.
C. 
For disregard of or violation of the provisions of this section or of any resolution of the Mayor and Council as aforesaid, the water may be ordered turned off by the Borough, in addition to the penalties provided in Chapter 1, General Provisions, § 1-2.
[1]
Editor's Note: Former § 247-21, Permit required to fill cisterns, pools or ponds, was repealed 5-10-2007 by Ord. No. 07-07 and 9-13-2007 by Ord. No. 16-07. Due to a typographical error, Ord. No. 07-07 was repealed 9-13-2007 by Ord. No. 15-07.
The owner of any property shall not permit a connection to exist by which water may pass from such property to another property even though the ownership of both properties may be the same.
[Amended 9-11-2008 by Ord. No. 23-08]
It shall be unlawful for any person to disturb, handle, injure, use or in any manner interfere with any of the water hydrants within the limits of the Borough or disturb, injure or in any manner interfere with any of the water mains or pipes or dig up any street or avenue for the purpose of connecting any building or premises with any water main or pipe or connect any pipe with the mains or use any of the water from the water mains and pipes within the Borough limits without first obtaining the consent of the Mayor and Council or of the Public Works Committee thereof, except in accordance with the rules and regulations promulgated by the Mayor and Council for the use and supply of water from the waterworks. Fees to repair or replace a damaged water hydrant, water main, pipe, or service connection shall be as provided in Chapter A263, Fees.
A. 
The Borough will endeavor to render bills to the owner of the premises for water and other Borough charges, but the nonreceipt of a bill covering such charges will be no excuse for failure to pay or delay in paying the same.
B. 
All charges for water must be paid within 60 days after the date of the bill therefor. If not so paid, the water shall be turned off from the premises against which such charge stands. When so turned off, water will not be turned on again until all charges have been paid, together with a turn-on fee as provided in Chapter A263, Fees.
[Amended 6-13-1985 by Ord. No. 17-85; 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91]
C. 
The owner of any house, tenement, building or lot shall be liable for the payment for the use of water on such premises, and, if not paid, it shall be a lien upon such house, tenement, building or lot until the same shall be paid and satisfied.
D. 
Payment of all water charges and other amounts due the Borough shall be paid to the clerk of the water utility.
E. 
The owner of any house, tenement, building or lot who desires to have water service turned off so that said owner can make necessary repairs and then turned back on shall pay a fee as provided in Chapter A263, Fees.
[Added 6-13-1985 by Ord. No. 17-85; amended 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91]
[Amended 3-13-1975 by Ord. No. 2-75; 4-23-1981 by Ord. No. 10-81; 3-25-1982 by Ord. No. 7-82; 3-8-1984 by Ord. No. 8-84; 6-13-1985 by Ord. No. 17-85; 12-30-1985 by Ord. No. 27-85; 12-8-1988 by Ord. No. 20-88; 12-14-1989 by Ord. No. 26-89; 11-14-1991 by Ord. No. 22-91]
A. 
The minimum charges and rates per quarter-annually based upon the cubic feet used for all customers of the Water Utility System of the Borough of Rockaway shall be as provided in Chapter A263, Fees.
[Amended 5-10-2007 by Ord. No. 07-07;[1] 9-13-2007 by Ord. No. 16-07]
[1]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
B. 
Annual private fire service charges shall be as provided in Chapter A263, Fees.
C. 
Multiple units with a single meter. Where multiple units on a property are serviced by one meter for all such multiple units rather than individual meters for each of such units, the owner of the property on which such units are located shall be charged a minimum quarterly charge as provided in Chapter A263, Fees, multiplied by the number of units serviced by that one meter. For the minimum charge set forth in Chapter A263, Fees, the owner of such property shall be entitled to the usage of water equal to the minimum allowed for one meter multiplied by the number of units serviced by the one meter. For purposes of this subsection, a "unit" shall be defined as any part of a residential or commercial property, which part is designed for separate ownership or occupancy. Any water usage in excess of the total minimum provided for in this section shall be billed in accordance with the rates applicable to single meters. In the event that during any quarterly period the minimum water cubic feet shall not have been reached, the owner shall only be obligated to pay the minimum rates provided for in this subsection.
[Amended 5-10-2007 by Ord. No. 07-07;[2] 9-13-2007 by Ord. No. 16-07; 11-14-2013 by Ord. No. 20-13]
[2]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
D. 
In the event that a customer of the Borough of Rockaway does not return the request of the Borough of Rockaway for present meter readings and, therefore, the Borough of Rockaway is required to estimate the customer's bill for that period, the customer shall receive an estimated bill, in such event, in the amount as provided in Chapter A263, Fees. Subsequent to such billing, should the Borough of Rockaway determine by meter reading that the customer's usage was in excess of the minimum bill for such period (minimum for this purpose shall be deemed 1,300 cubic feet) or less than the amount so charged, the Borough of Rockaway shall have the right thereafter to bill such user for additional water consumed based upon the schedule of rates contained in Chapter A263, Fees, or a credit granted for any excess charged above the actual use.
[Amended 5-10-2007 by Ord. No. 07-07;[3] 9-13-2007 by Ord. No. 16-07]
[3]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.
E. 
At least annually, but as frequently as the Superintendent of Public Works shall determine may be appropriate under all circumstances, all persons having meters shall permit and provide access to the designated agent of the Superintendent of Public Works to allow that person to inspect the water meter to determine whether the meter is properly functioning and to read, inspect, repair or replace said meter. The Superintendent of Public Works or his designated agent shall attempt to contact persons having meters in order to arrange a mutually convenient time for the inspection of such meters. In the event that such person shall not respond to the request to arrange a meter inspection or should the Superintendent of Public Works or his designated agent be unable to make contact with such persons either orally or in writing or should such person refuse to permit inspection of the water meter, the Superintendent of Public Works or his designated agent shall serve a written notice upon the property owner where such meter is located by certified mail, return receipt requested, specifying the date and time when an authorized representative of the Borough will present himself at the property for the purpose of checking the water meter and reading, inspecting, repairing or replacing such meter. Notice shall be deemed effectively given upon the posting of such letter with the United States mails and evidence of such posting obtained by the stamping of the receipt for such mailing by the United States Post Office. Such notice shall be served upon the property owner and at the address listed on the tax duplicates. It shall be the responsibility of said property owner to notify the Borough Superintendent of Public Works of any address for the purpose of notice other than the address set forth on the tax duplicates of the Borough. In the event that the property owner or his designated representative shall fail to permit the designated agent of the Superintendent of Public Works to inspect and read the meter on the date, time and place set forth in the notice to be given pursuant to this section, the Superintendent of Public Works shall thereupon levy and assess a penalty in the amount of $100 to be billed to said property owner along with any other bills or estimates pursuant to this chapter, and such penalty shall be collected in the same manner as charges for water use are collected. Within 30 days thereafter, should the property owner continue to fail to permit inspecting and reading of the meter, the Superintendent of Public Works or his designated agent shall direct a second notice to said property owner by certified mail, return receipt requested, in the manner provided above, notifying said property owner of a second date and time for inspection. In the event that the property owner shall refuse or fail to permit inspection, reading, repairing or replacing of the meter at such second time, the Superintendent of Public Works may discontinue water service to the property until such time as the property owner shall arrange for an inspection, reading, repairing or replacing of the water meter and shall pay all past-due charges, fines and penalties. All penalties assessed shall become charges for water usage and shall be collectible in a like manner as provided in this chapter and by law. Nothing contained in this section shall abridge the right of the Borough of Rockaway to terminate water service or seek other remedies as provided in this chapter; the penalties provided in this section are intended to be in addition thereto and not the sole and exclusive remedy for the failure or refusal of persons having meters to permit inspection and reading of the same.
[Amended 12-12-1991 by Ord. No. 35-91; 5-10-2007 by Ord. No. 07-07;[4] 9-13-2007 by Ord. No. 16-07]]
[4]
Editor's Note: Due to a typographical error, this ordinance was repealed 9-13-2007 by Ord. No. 15-07.