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Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
The Town of Boonton shall have the authority to collect fees for the water services rendered in the Town of Boonton. The Mayor and the Board of Aldermen are authorized to prepare schedules of water rates for posting, publication, and/or distribution.
As used in this article, the following terms shall have the meanings indicated:
AGENT
In the absence of instructions from the owner of any property or premises, or his duly authorized agent, to the contrary, the occupant of any property or premises, in so far as his relations to the Department may be concerned, with respect to water uses and existing services.
BOARD
The Board of Aldermen of the Town of Boonton.
BOONTON WATER DEPARTMENT
The Boonton Water Department functioning under the direction of the Board of Aldermen (either directly or by its duly authorized representative or agent), and the property, organization and operation of the water supply system, water works and each and every part thereof the Town, collectively or separately.
CAPPED SYSTEM
A completed water supply system put in place for future use (contingent upon expansion) rather than to meet immediate development needs.
CORPORATION STOP
Also known as a "corporation cock," a valve which is placed in a building's water service pipe near its junction with the public water main.
DEDICATION
An appropriation of land to some public use made by the owner and accepted for such use by, or on behalf of, the public.
DEPARTMENT
The Boonton Water Department.
EASEMENT
A right to use the land of another for a specific purpose.
IMPROVEMENT
Any constructed element which becomes part of, is placed upon, or is affixed to real estate.
MAIN(S)
All pipes, other than supply pipes and service pipes, used for conveying water to or distributing water in the Town.
OFFICE
The office of the Department.
OWNER
Any person actually owning any property or premises which is or can be prospectively supplied with water, or his duly authorized agent.
PREMISES
A single-family dwelling, or a two-family dwelling, or an apartment house occupied by more than one family, or a building occupied for business or other purposes by one or more persons, together with the land appurtenant thereto and such outbuildings as are used exclusively in connection therewith, or any part of a building with the land appurtenant thereto when sold as a separate unit.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade tree, or for another special use.
SERVICE PIPE
The pipe extending from the curbline into privately owned property or premises for supplying water thereto, including the service pipe and connection to the curb box.
SERVICE UNIT
The basis for assigning costs for system use and connection fees. The service units of a connection are the equivalent to that of an average single-family home with the estimated average daily flow of water for the connector divided by the average daily flow of water for the average single-family residence in the area served by the local unit or units.
SITE IMPROVEMENT
Any construction work on, or improvement in connection with, residential development limited to streets, roads, parking facilities, sidewalks, drainage structures, and utilities.
SUPPLY LINE
A pipe connected to the main and extending thence to and including the curb valve at the curbline of the street.
UTILITY AREA
The flexible space within the right-of-way designated for the installation of utility lines and facilities.
WATER RATES
Rates or charges to be charged for water, based upon the quantity consumed as measured by an approved water meter.
A. 
Water meters, curb stops, curb boxes, water valves, fire hydrants, or other facility required for the control or public use of water shall be accessible at all times. No person shall at any time obstruct or prevent free access to any water meter, water main, water service connection and/or building connection by any authorized employee of the Town for the purpose of reading, testing, repairing, or inspecting such water meter, water main, water service connection, and/or building connection.
B. 
No person shall locate, construct or alter any water main, water supply, and/or water service until a permit for the location, construction or alteration of the water main, water supply, and/or water service has been obtained from the Construction Department or its designated agent. It shall be the responsibility of the applicant to accurately locate any facilities on the associated property.
C. 
The maintenance and operations of the entire Town water system shall comply with the standards of the American Water Works Association, as amended from time to time, and the rules and regulations set forth by the Town of Boonton Water Department as stated in the Water Ordinance, and the New Jersey Department of Environmental Protection.
D. 
The maintenance and construction of water system components shall adhere to the rules and regulations of the State Department of Environmental Protection and be in accordance with the Town of Boonton Department of Health.
E. 
The water mains, supply lines or pipes, curb boxes, curb stops and water meters of the Department shall be under the exclusive control of the Water Department and its authorized agents and employees, and all other persons are forbidden to disturb, tamper with, injure, tap, change, obstruct access to or interfere with the water mains, supply lines or pipes, curb boxes, curb stops or water meters in any way.
A. 
The owner shall be billed quarterly for the water service to the buildings on the property owned.
B. 
The owner shall allow authorized employees of the Town free access to all water meters and outside counters to obtain a reading for billing purposes.
C. 
The owner of a vacant building shall pay all bills incurred while the owner has water service. At the owner's expense, the owner may request in writing to the Town of Boonton Water Department a curb stop shutoff. The fees collected by the Town shall be in accordance with § 229-69B.
If the owner of the property changes, as recorded with the filing of a property deed with the county, the owners shall apply to the Town Water Department for a final meter reading in accordance with § 229-40H. Prior to vacating the premises, the existing owner, at the owner's expense, shall be responsible for notifying the Town and requesting a final meter reading. The fees for a final meter reading shall be in accordance with § 229-69B. The Town will record the property owner changes, and the new property owner will be billed accordingly.
A. 
The owners of all structures used for human occupancy, employment, recreation or other purposes requiring potable water located within the jurisdiction of the Town of Boonton and that have access to a water main located in the public right-of-way or a water easement shall be required, at the owner's expense, to connect to the Town water system prior to issuance of a certificate of occupancy. A water meter shall be installed on all service connections. Certificate of occupancy shall not be issued until each water service connection has a water meter installed.
B. 
Each structure shall have at a minimum one water service connection. Multiple water service connections may be installed to one structure. Each water service connection shall have a water meter installed.
C. 
The owner of a structure must apply and be granted approval for any new service connection to the Town water system.
D. 
Prior to the installation of any service connections, the owner of the property shall submit construction plans to the Town for approval.
E. 
A building service connection shall be comprised of a corporation stop at the main, a curb stop, and a water meter. The building service connection pipe shall be a minimum three-fourth-inch diameter.
The owner or occupant of a building shall be responsible for all repairs to any water service pipe and connections and water services facilities to the curbline within the property, including the repair of any frozen or damaged water meters, and shall be liable for all loss of water and damage resulting from a water service connection and water service facility that is in need of repair. The Boonton Water Department may shut off the water with or without notice, if necessary, for as long as it may be deemed necessary.
A. 
All newly installed water meters shall be inspected and approved by the Town Water Department.
B. 
The Boonton Water Department shall have the authority to inspect any and all water meters located within the jurisdiction of the Town of Boonton. If any water meter is found to be in need of repair by the Boonton Water Department, the water meter must be repaired or replaced.
C. 
Each water service connection shall have a water meter installed at the owner's expense. The fee paid by the owner of the property shall be in accordance with § 229-69C.
D. 
The owner of the property is responsible for the safekeeping of all water meters located on the property. The owner of the property shall notify the Town of Boonton Water Department immediately of any improperly functioning water meters. Meters one inch in size and smaller shall be replaced by the BWD. Any repair or replacement required of a water meter greater than one inch shall be at the owner's expense.
E. 
All Town water used on any premises must pass through a water meter installed by the Boonton Water Department or authorized agent as soon as water meters are furnished. No bypass around the water meter shall be made or maintained unless authorized by the Boonton Water Department.
F. 
Water meters shall be sealed by the Department, and no one except an authorized employee of the Department shall break or injure such seals.
G. 
Water meters to be property of Department.
(1) 
Water meters controlling the services, other than fire line water meters, are and shall remain the property of the Department, and all water meters will be at all times under its control.
(2) 
Water meters 1 1/2 inches and over will be purchased by the property owner and turned over to the Water Department. These water meters will be maintained by the property owner. All fire line water meters and compound meters shall be purchased and maintained by the property owner.
H. 
Only a Boonton Water Department employee shall be authorized to take the final water meter reading upon the sale of any property to which the Department supplies water. The charge therefor, as provided in this chapter, shall be added to the final water bill.
I. 
Property owners with large-flow water meters (1 1/2 inches or greater) shall recalibrate or cause to have recalibrated said water meters every four years at their own expense and shall provide proper certification to the Boonton Water Department within 30 days thereof.
J. 
A minimum of three feet of clearance shall be maintained around the water meter at all times.
A. 
Under no circumstances shall curb valves be opened or closed by any person that is not an authorized employee of the Department, except upon authorization of the Department or an authorized agent. In all cases where an authorized agent tests his work or makes repairs in unoccupied houses, he shall, on completion of his work, leave the curb cock closed and, upon failure or neglect to do so, he shall be liable for all damages occasioned thereby and liable to a fine herein provided.
B. 
All curb valves and curb boxes shall be located behind or at the curbline or if a sidewalk exists between the sidewalk and curb. Where no sidewalks exist, the owner shall use telephone poles for a curbline.
C. 
In new developments, curb boxes and curb valves shall be installed by the owner or contractor at the curbline prior to the development being accepted by the Town.
The maintenance of curb boxes shall be the responsibility of the Town. The owner's with adjacent properties where the curb valve boxes are located shall keep the area accessible at all times. Failure to do so will result in a fee from the Town for locating or repairing the curb box and/or valve.
A. 
The curb valve shall not be shut off or turned on without the authorization of the Boonton Water Department.
B. 
If a water meter for a service connection is not accessible to an authorized employee of the Town to obtain a reading for billing purposes, the Town shall, after reasonable effort to notify the owner of the obstructed water meter, shut off service to the building. Access to the meter requires three-foot clearance in two perpendicular directions, measured from the meter.
The Town of Boonton Water Department shall be diligent and exercise all reasonable care to provide continuous supply of potable water. However, in the event of a water main break or a water service break beyond the control of the Town, an emergency exists. The Town of Boonton Water Department may with or without notice discontinue water service for as long as it may deem necessary to make the necessary repairs. The Town shall not be liable to any consumer for any damage or loss resulting from a temporary cessation of service when an emergency exists.
Water for sprinkling or cleaning streets, sewers or catch-basins shall be taken only from fire hydrants, or from such special standpipes or valves as may be provided for the purpose by the Department, and then only by such persons as may be duly authorized or licensed by the Department.
A. 
Every new building and/or dwelling shall have a fire hydrant within 400 feet of the access point or driveway entrance measured along the street right-of-way.
B. 
All fire hydrants shall conform to NFPA Standard 291. Fire hydrants shall have at least three outlets with National Standard Threads: one outlet shall be a four-and-one-half-inch pumper outlet, the other outlets shall be at least two-and-one-half-inch nominal size. The pumper outlet shall face the street. All outlet nozzles shall be at least 12 inches above the adjoining grade. When a concrete slab is provided around the hydrant riser, the flange where the fire hydrant connects to the riser shall be at least two inches above the adjacent grade. Service main connections from the fire hydrants shall be a minimum of six inches in diameter. A valve shall be installed on the service connections between the fire hydrants and the street mains.
C. 
Fire hydrants shall be tested at least once annually whether located on private property or within the public right-of-way. The Town of Boonton Water Department shall be responsible for the maintenance of all and any fire hydrants located within the right-of-way of the public streets within the Town of Boonton. Private hydrants shall be tested and maintained at the expense of the owner.
D. 
Fire hydrants shall be made accessible at all times.
E. 
No person, other than the members of the Fire Department or authorized agents and employees of the Boonton Water Department, shall be permitted to open any fire hydrants. Only standard fire hydrant wrenches shall be used in the opening or closing of fire hydrants.
F. 
Obstruction of fire hydrants; liability for damage to fire hydrants.
(1) 
No person shall in any manner obstruct or prevent free access to, or tamper with, or injure, or damage by causing or permitting a vehicle to come in contact with any fire hydrant, or place or store temporarily or otherwise any object, material, snow, debris or structure of any kind within a distance of 10 feet of any hydrant. Any such obstruction, when discovered, may be removed at once by the Department at the expense of the person responsible for the obstruction and he shall be liable to a fine as provided in § 229-55 of this article.
(2) 
No person shall in any manner tamper with, injure or damage any fire hydrant. Should a fire hydrant be damaged, it shall be the responsibility of the person(s) inflicting the damage to reimburse the Water Department for the full cost (on a time-and-material basis) of repairing or replacing the damaged fire hydrant.
A. 
Where pipes have been or are hereafter provided for fire protection on any premises, or where hose connections for fire apparatus have been or are hereafter provided on any pipe, fire-detector checks, approved by the Water Department as to type and cost shall, after the passage of this article, be installed by the owner of the premises at the owner's own cost on all fire lines for the operation of sprinkler systems for fire protection extending from the water main, either to the sprinkler system or to the fire hose. Each connection or opening on the pipes, except sprinkler heads, shall have not less than 50 feet of fire hose with National Standard thread constantly attached thereto, and no water shall be taken or used through such pipes, opening or hose for any purpose other than for extinguishing fires, except for the purpose of testing the fire apparatus. For such tests, the Water Department shall grant a special permit, and each such test shall be conducted under the supervision of the Water and Fire Departments.
B. 
The Boonton Water Department shall have the right at all times to make inspections of the fire-detector checks and to make recommendations as to the repair and renewal thereof.
A. 
Service pipes running from curb valve and between the cellar wall and water meter and likely to be exposed to freezing temperatures must be effectively protected from freezing. All service pipes must be installed at a depth not less than four feet which will be the responsibility of the property owner.
B. 
All service pipes running from curb valve to property owner's building are the responsibility of the property owner for maintenance and repairs.
Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited.
No person shall hinder or refuse to admit any officer, inspector, foreman or other authorized employee of the Department, upon presentation of the badge or other credentials provided by the Department, at all reasonable hours to any premises supplied with Town water, for the purpose of making inspection thereof, including examination of the entire water supply and plumbing system upon the premises.
Any person who is not an authorized officer or employee of the Department shall not have, wear or exhibit any badge or credential of the Department. It shall be the duty of each and every officer and employee of the Department, upon resignation or dismissal, to surrender and deliver at the office all badges and credentials of the Department.
The Department may, at its discretion, shut off the water from the premises of any owner or tenant guilty of violating any of the provisions of this article upon giving the owner or tenant at least 24 hours' notice of such intended action, in addition to the imposition of a fine as provided in § 229-55 of this article.
Applicants for Town water or any service in connection therewith shall not make any misstatement or misrepresentation of fact with respect to such application, and shall be bound and governed by the rules and regulations hereafter adopted by Board of Alderman.
Whenever the Board of Aldermen shall restrict, in an emergency, the use of Town water by order duly published, or by proclamation issued by the Mayor of the Town, no person shall use Town water in violation of the order or proclamation.
Any person who shall violate any provision of this article shall be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each day or part thereof during which such violation shall continue shall constitute a separate offense.