Township of Freehold, NJ Chapter 351 Water

[HISTORY: Adopted by the Township Committee of the Township of Freehold 10-9-1967 (Ch. XV of the Revised General Ordinances), as amended through Ord. No. O-02-46. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 115.

Fees — See Ch. 150.

Sewers — See Ch. 270.

Wells — See Ch. 394.

§ 351-1 Findings.

The governing body finds that in order to assure the public health, safety and welfare it shall continue to operate, maintain, and, when and where deemed necessary, construct and/or acquire additions to its water supply facilities.

§ 351-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGENT

Any duly authorized representative of the owner.

COST

Includes labor, material, transportation, expenses, equipment, supervision, engineering and all and every necessary overhead expense.

CUSTOMER

Any owner, agent or occupant who is responsible for the payment of fees specified.

DEPARTMENT OF PUBLIC UTILITIES

All of the property, organization or operation of the water supply system and sewage disposal system and every part thereof collectively or separately, functioning under the direction of the Township Committee.

[1]

EMERGENCY WATER SERVICE

Temporary water service provided by the Township Department of Public Utilities as agreed to by contract or otherwise, to an adjacent municipality or public utility located within an adjacent municipality for the health, safety and welfare of the residents located therein, in the event a water emergency is formally declared by the Mayor or, in his/her absence or disability, the Deputy Mayor of such adjacent municipality and further provided that such water emergency is verified by Freehold Township's Health Officer or in the absence of the Health Officer, the Township Administrator. Such emergency water service shall be provided only for such length of time as is necessary to meet the declared emergency and shall be terminated upon declaration of Freehold Township's Health Officer, or in the absence of the Health Officer, the Township Administrator, that the emergency has abated or that continued providing of water will cause an emergency condition to develop within Freehold Township.

EQUIVALENT UNIT (EU)

The unit which uses an average daily flow of 249 gallons of water. Said flow shall be adjusted annually.

[2]

EXTENSION

The extension of a water main along a street, avenue or highway. An extension shall not include the water service connection.

LIEN

The charges of any nature levied by the Township arising out of any charge resulting from installation, service or distribution of water which are declared to be a lien against the property served by virtue of the statute in such case made and provided.

MAINS

All pipes, including valves, valve boxes, fittings and appurtenances, other than service connections, conveying water to or distributing water from the Township.

OWNER

The applicant, consumer, person or company holding record title to any part of the premises supplied. In the event multiple commercial premises are served by a common water meter, the person or entity holding title to the specific portion of the premises where the water meter is physically located shall be deemed the owner for purposes of this chapter. In the event a multiple residential project, wherein units are individually owned, is served by other than an individual water meter for each individual residential unit, i.e., served by one or more common water meters, the person or entity holding title to the specific portion of the premises where the water is actually used or consumed shall be deemed the owner for purposes of this chapter.

PRIVATE HYDRANT

A fire hydrant located upon private property and privately owned.

PRIVATE MAIN

A main running through private property or in a private street to serve more than one home or other buildings or properties.

PUBLIC HYDRANT

Fire hydrant under the control of the municipality located on a right-of-way of the municipality or municipal property.

RESIDENTIAL CUSTOMER

A person who is the owner of residential property which receives utility services.

SERVICE CONNECTIONS

Service pipe or service line connections, including corporations, shall mean a pipe connected to a main and extending to privately owned property or premises for supplying water service.

SUPERINTENDENT

The person retained by the Township Committee as the qualified licensed Superintendent of Utilities and who shall be charged with the responsibility and authorized to carry out the provisions of this chapter.

WATER SERVICE CONNECTION

The pipe serving a premises from the main to the meter, including the meter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 351-3 Control of mains and appurtenances; liability for rents and charges; billing.

A. The water mains and appurtenances, service pipes from main to curbline, corporation stops, curb stops and boxes of the Department shall be under the control of the Township Committee and its authorized agents and employees, provided that such facilities are located within the public right-of-way or within easements or other property interests held in the name of the Township and all other persons are forbidden to disturb, tamper with, injure, change, obstruct access to or interfere with water mains and appurtenances, service pipes from main to curbline, corporation stops, curb stops and boxes in any way which are located in public rights-of-way or other property of the Township.

B. Any person receiving a supply of water for any purpose from the water system operated by the Township shall be subject to rules and regulations as set forth in this chapter.

C. The owner of any house, building or lot shall be liable for the payment of the service charge or rent for the use of water and for all fees and other charges in connection with the installation, repair and testing of any water meter, water service, connections, appliances or parts and renewals thereof furnished or made by the Department of Public Utilities in or upon the house, building or lot until paid or satisfied. In the event multiple commercial premises are served by a common water meter, the owner of the premises where the meter is physically located shall be primarily responsible for the entire payment. Those commercial owners and/or occupants who have had the beneficial use of water service supplied through a common meter shall be secondarily responsible for a fraction of the total payment which fraction shall have a numerator of one and a denominator equaling the total number of premises served from the common meter. In the event a multiple residential project, wherein units are individually owned, is served by other than an individual water meter for each individual residential unit, i.e., served by one or more common water meters, the person or entity holding title to the specific portion of the premises where the water is actually used or consumed shall be responsible for a fraction of the total payment which fraction shall have a numerator of one and a denominator equaling the total number of units served from the common meter.

D. Payment for the use and consumption of water and for all other fees and charges incurred shall be paid to the Township Tax Collector.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. All bills for the furnishing of water by the Department of Public Utilities shall be based on a cyclical schedule of quarterly billings. Billings shall be staggered for various areas of the Township and adjusted periodically to accommodate growth areas. Special readings for final bills may be arranged through the Department of Public Utilities. In the event the special reading is requested for an individually owned multiple residential dwelling unit which is within a development project serviced by one or more common meters, special readings for a final bill cannot be arranged. In such case, the regular quarterly bill will be rendered to and shall be the responsibility of the owner of record as of the bill date. The purchaser of such a unit shall be responsible for establishing an escrow fund at the time of settlement of title to the unit out of which the purchaser may be reimbursed for such amount of the quarterly bill which represents the seller's responsibility. The Township shall not assume any responsibility for the establishment of the escrow fund or for the allocation of liability between the buyer and the seller.

F. Unless the applicant for water service specifies otherwise, all bills and notices shall be mailed or delivered to the premises where water service is supplied. If the applicant so desires, the Department of Public Utilities will mail bills and notices to the business or home address of the owner, customer or his agent. Bills and notices shall be mailed through ordinary United States mail service and if not received, the consumer shall obtain them from the Superintendent of the Department of Public Utilities or an agent or employee. Failure to receive bills or notices shall not excuse nonpayment of water bills.

§ 351-4 Application for service; tapping of mains; excavating and backfilling.

A. Dwellings and commercial and industrial structures.

(1) The owner of every building or structure hereafter to be constructed which may be occupied or used by human beings including but not limited to dwellings and commercial and industrial structures located or to be located on a street or road along the line of a water supply system owned or operated by the Township and available to said building or structure where the front building line of the building or structure is within 100 feet of the road or street in which the water line is contained shall, within 90 days after service of notice to connect is given by the Township Engineer, be connected with and use the services and facilities of the Township water system to the exclusion of any other systems or methods for the consumption of water, except that alternate methods of supply may be used for nonconsumption purposes. The provisions of this subsection shall apply to existing buildings or structures when and if the existing system or method of supplying water for human consumption to the building or structure has been declared a health hazard by the Board of Health. Failure to comply with the aforesaid regulations shall be punishable by the provisions contained in Chapter 1, Article II, General Penalty, of the Code of the Township of Freehold.

(2) All other applications for the use of water or for a service connection shall be made on forms provided by the Department of Public Utilities, by the owner of the premises or his duly authorized agent. The fee shall be payable in advance.

B. Persons desiring the use of water for building construction shall make application according to the provisions as herein provided. Under no circumstances shall water for building construction be taken from the fire hydrant of the Township. A flat rate, depending upon the type and size of the building, will be made for water used in building construction, unless the Department of Public Utilities shall require the water to be metered. The minimum flat rate charge for a building as provided in Chapter 150, Fees, will be payable in advance. In excess of minimum usage, a rate established by the utility rate structure will be billed in excess of 1,000 gallons. The Township Committee 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, in which event meters shall be rented from the Department of Public Utilities and charged for at regular rental rates for meters. Construction water shall be billed at a rate as provided in Chapter 150, Fees. For this purpose, single-story commercial, industrial, professional or school buildings shall be equivalent to four dwelling units. Buildings over one story shall be equivalent to six dwelling units.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

C. The tapping of mains for existing residential homes from the main to the curb, the curb stop and the curb box shall be furnished and installed by the Department of Public Utilities or its agent for a service connection fee as set forth in Chapter 150, Fees. For taps over one inch in size, connections shall be permitted at the expense of the applicant if the applicant authorizes a qualified contractor that has been approved by the Department of Public Utilities. A permit shall be obtained before any construction begins. Such permit shall be issued by the Department of Public Utilities upon submission of the application form and payment of an inspection fee as provided in Chapter 150, Fees.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

D. No street openings shall be made except upon the consent of the Department of Public Utilities, subject to such terms as it and the Township Committee may impose, and upon obtaining a Township road opening permit from the Engineering Department.

E. The Township shall perform or have performed all excavating and backfilling of trenches for service connection and service lines, the cost of which is included in the connection fee.

§ 351-5 Installation of service connections and lines.

A. Installation of service lines from curb stop or repair work shall be performed by a plumber duly qualified to perform such work at the expense of the applicant. All service connection pipe shall be installed at least four feet below the surface. No rigid connection to any other water distribution system shall be made.

B. The service connection shall, as far as practical, be installed at right angles to the main and in a straight line to the meter. There shall be no attachment from which water may be drawn between the main and the meter.

C. Service pipe shall be installed only through the property of the applicant, unless the applicant shall enjoy an easement or right-of-way for that purpose, duly recorded.

D. Water pipe shall not be installed in the same excavation or trench with sewer pipe unless the same shall be separated vertically by at least two feet above the sewer.

E. All service connection pipe from the main to the curb stop shall consist of Type K copper tubing and shall be installed and maintained by the Township; from the curb stop to the dwelling shall be maintained by the owner. The copper tubing shall be no less than one inch in size for all domestic lines and of such larger size as shall be designed by the Department of Public Utilities for commercial and industrial buildings and multiple residences.

F. The completed line shall remain open until inspected and approved by the Department of Public Utilities or its representative. At least 24 hours' notice shall be given the Department of Public Utilities for the purpose of inspecting and approving the work.

G. The owner shall be responsible for the maintenance of the service line from the curb to the meter or interior of the building and shall keep the same in good repair and protect it from damage due to frost or other causes. All leaks in the service lines shall be reported promptly to the Department of Public Utilities and repaired by the owner. The owner shall be liable for water escaping from leaks at a charge estimated by the Department of Public Utilities based upon the estimated quantity of water escaping. If repairs are not made the Department of Public Utilities may shut off the water and refuse to turn it on again until the line is put in serviceable condition.

H. No person except an employee of the Department of Public Utilities shall turn water on or off at the curb stop.

I. No service connection shall be permitted to serve two or more buildings or structures from a single tap except upon a special permit granted by the Department of Public Utilities, and if granted, a separate and distinct curb stop and box shall be provided for each building or structure.

§ 351-6 Metering and water service charges.

A. All service lines shall be installed in such manner that a meter and yoke may be installed at the point of entry to the premises. Valves shall be installed on both sides of the meter yoke and shall be consistent with Township codes. The Township will provide the meter and yoke, the cost thereof to be borne by the owner. The meter, yoke, and service line which shall be installed in the house and upon the property of any customer shall be considered for all purposes the subject of a voluntary bailment. The Township shall be the bailor, and the owner shall be the bailee. In no circumstance shall the charge per unit be less than the minimum charge for a five-eighths-inch single-service water meter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

B. The Department of Public Utilities may refuse to supply water to premises wherein the plumbing work has not been done in accordance with the rules and regulations of the Board of Health or where an applicant has not supplied a space or area acceptable to the Department of Public Utilities for the installation of the water meter and appurtenances.

C. The rates to be charged to any owner for the consumption of metered water by any consumers of the Township water system shall be in accordance with Chapter 150, Fees. In the case of individually owned multiple residential dwelling units contained within a development project which is serviced by one or more common water meters, the rates to be charged for each unit shall be based on the average unit consumption when applied to the schedule of rates in Chapter 150 for a five-eighths-inch single-service water meter. The average unit consumption is determined by dividing the total consumption recorded on all common water meters within the development project by the total units within the development project. In no circumstances shall the charge per unit be less than the minimum charge for a five-eighths-inch single-service water meter as set forth on the schedule of rates in Chapter 150.

D. The following quarterly rates shall be charged for fire protection:

[Amended 8-23-2005 by Ord. No. O-05-23]

(1) See Chapter 150, Fees, for cost per quarter based on size of connection.

(2) Fire hydrants.

(a) Private fire hydrants: See Chapter 150, Fees.

(b) Fire hydrants owned and operated by the Township, but located outside the Township and serving units located outside the Township: 110% of the rate set forth in Subsection D(2)(a) above, divided equally among the number of units outside the Township which are serviced by the hydrant(s).

(3) Metered fire lines or combined fire and domestic lines: no additional charge for hydrants.

(4) Combined fire lines and domestic water supply: flat rate service for each fire line entering the premises.

(5) Fire line only: quarterly charge for fire protection based on the size of connection made to the Township's water main. No charge for additional fire connections.

(6) The Township reserves the right to require double checks or meters on fire lines if necessary. All maintenance work on fire lines will be done by the persons receiving the benefit under the supervision of the Department of Public Utilities.

(7) The rates provided in Chapter 150, Fees, shall be charged to any of the customers of the Township water system for the purchase of water meters.

(8) Meters larger than two inches in size that are not installed by the Township will be provided at cost plus a handling charge of 20%. Meters three inches and above shall be supplied and installed by the applicant requesting service. The meter supplied and installed shall be in accordance with the Township's specifications. The cost of the meter and its installation shall be borne by the applicant. The meter shall be repaired and maintained by the applicant under the terms and conditions established by the Township. Annual meter testing is to be arranged for by the applicant, and the test must be certified by a qualified testing firm. A copy of the certification is to be accessible to the Township at all reasonable times for reading and inspection.

E. Whenever practical the Department of Public Utilities will require a separate meter for each living accommodation or usage in multiple service buildings. If separate meter service is not practical, all units may be serviced by one meter of proper size, and the property owner shall be billed for all water used in multiple units. Where there are multiple units, the minimum rate for multiple units shall be the minimum rate for a five-eighths-inch single-service meter multiplied by the number of units. No reduction in the number of units will be recognized for nonoccupancy, unless nonoccupancy exists for a full quarter and written notice is given the Department of Public Utilities before the quarter begins. In the event any unoccupied unit commences to be supplied with water or any new units are served with water through the meter, the Department of Public Utilities shall forthwith be notified, and the owner shall be liable for charges in the same manner as if notice had been given.

F. Water rents; interconnects. Emergency water service may be provided through authorized interconnections at a rate set forth in Chapter 150, Fees.

G. The rates to be charged for metered water to a unit located outside of the Township shall be 110% of the rates set forth in Chapter 150, Fees.

§ 351-7 Free access to premises for inspection.

The Department of Public Utilities shall have access at all reasonable hours to premises connected to the water distribution system for the purpose of reading and installing the meter and of inspecting and maintaining equipment. The hours between 8:00 a.m. and 8:00 p.m. shall be reasonable for this purpose.

§ 351-8 Service.

A. In the case of prolonged scarcity of water from any cause, the Department of Public Utilities shall have the right, upon public notice, to have the use of water suspended or restricted for lawn or garden sprinkling, swimming pool filling, air-conditioning purposes and car washing. Regardless of the emergency provisions set forth, the sprinkling of lawns with water shall be performed and accomplished on alternate days through the Township. All properties with odd-number addresses or box numbers shall water only on the odd days of the month. All properties with even addresses or box numbers shall water only on the even days of the month. All property owners shall be permitted to water on the 31st day of any month.

B. Water service may be discontinued upon notice as shall be required by N.J.S.A. 40A:31-12 for any of the following reasons:

(1) For the use of water for any properties or purposes other than those permitted in this article or described in the application.

(2) For willful waste of water through improper, defective 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 or tampering with any service pipe, meter, curb stop or seal or any other appliances of the Department of Public Utilities.

(5) For refusal of access at reasonable hours for purposes of inspecting or for installing, reading, maintaining fixtures, pipes and meters.

(6) For nonpayment of bills, rents, charges or fees or of penalties imposed or for any other reason causing or tending to cause a loss to the Department of Public Utilities.

(7) For failure to decrease or limit the use of water when requested by the Department of Public Utilities.

(8) For violation of the regulations of the Township relating to the use and distribution of water.

(9) For misrepresentation in the application for water service respecting the property to be served or the fixtures to be supplied or the use to be made of the water.

(10) When the premises shall become vacant, the owner shall remain liable for all charges for buildings.

C. The Department of Public Utilities reserves the right to shut off water service without notice in case of technical defects or other unavoidable cause or for the purpose of making necessary repairs, connections or other alterations to the water distribution system.

D. In no case shall water be turned on again until defects have been remedied and all bills due and/or charges, penalties and fees imposed have been paid. The owner of the premises shall also be liable for any loss sustained by the Department of Public Utilities as a result of such defect. A fee, by cash or certified check, in the amount provided for in Chapter 150, Fees, shall be paid to cover the cost of the reconnections, except that reconnections to be completed after regular working hours shall require a fee as provided in Chapter 150.

E. Should the occupant of the premises turn on the water or suffer or cause it to be turned on after it has been shut off at the curb by the Department of Public Utilities, it shall be shut off again, the curb stop shall be sealed and for the expense of shutting off the curb stop and turning it on again, a fee as provided in Chapter 150, Fees, shall be paid.

F. Neither the Department of Public Utilities nor the Township shall be held liable for any damage which may be claimed due to the failure of any restriction of the water supplied or from low or high pressure or damage due to water quality.

G. The Department of Public Utilities and the Township reserve the right to add to or modify the rules and regulations governing the water distribution system at any time.

H. Owners of any vacant buildings or buildings that are about to be vacated shall give at least five days' notice to the Department of Public Utilities so that water may be shut off. Owners will be responsible for the water charges until notice is given.

I. A new application for water service shall be filed upon the change of ownership of the property described in the original application, and the Department of Public Utilities may discontinue water service until the new application has been filed and approved.

J. Hoses shall not be used unless the water is metered or, in the case of flat rate service, a silltap has been installed and is subject to the flat rate charge.

K. When requested by the owner or his agent, the Department of Public Utilities shall discontinue service to property either temporarily or permanently. A turnoff charge to be paid by cash or certified check, in the amount provided in Chapter 150, Fees, shall be made when their service is restored, except that reconnections to be completed after regular working hours shall require a fee as provided in Chapter 150. In no event shall water be turned on until all water charges have been paid. Emergency shutoff will be made at any hour upon request without charge at the curb stop.

L. No adjustments of water charges due to failure of the Department of Public Utilities 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 Department of Public Utilities.

M. When turning on the water supply as requested and the house or property is vacant, the Department of Public Utilities will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curb stop. The jurisdiction and responsibility of the Department of Public Utilities ends at the curb stop. The Department of Public Utilities will in no case be liable for damage occasioned by water running from open or faulty fixtures or from broken or damaged pipes beyond the Department of Public Utilities' curb stop.

N. Where connections are abandoned, the owner of the premises or applicant shall pay for having same shut off and plugged at the curb stop or corporation stop, at the option of the Department of Public Utilities, before a new connection will be installed to the premises.

O. Where persons making improvements, etc., necessitating excavations in streets where water mains and service connections are laid, requiring water mains and service connections to be cut and refitted, lowered or raised, etc., they shall make written request to the Department of Public Utilities to make changes and shall furnish a satisfactory guaranty to the Department of Public Utilities insuring the payment of all costs incurred by the Department of Public Utilities in making the changes.

P. The Department of Public Utilities shall not be liable for any damages resulting from the bursting or breaking of any main or service pipe.

Q. In the event that the Department of Public Utilities is required to repair any meter pipes or appurtenances affecting the water service of any consumer of the system the owner, agent and customer so affected shall be required to pay a rate equal to the established hourly rate of a public works repairer.

R. Any consumer requesting a meter reading for the purpose of ascertaining whether or not the meter is accurately functioning shall pay a charge of for the testing as provided in Chapter 150, Fees. The charge shall be retained by the Department of Public Utilities if the test discloses that the meter is accurate. In the event that the test discloses that the meter is inaccurate, the fee shall be refunded to the consumer.

§ 351-9 Extensions.

A. All mains shall be installed within the boundaries of public roads or streets, or where streets and roads have not yet been accepted by the Township within the boundaries of roads and streets laid out in compliance with all ordinances of the Township.

B. The installation of water mains in any street, lane, road, etc., by the Township or by others shall not imply Township ownership or acceptance of the streets, lanes, roads, etc., unless and until they otherwise comply with Township requirements for acceptance, ownership and maintenance.

C. The cost of installation of water mains and fire hydrants in any existing street, lane, road, etc., may be assessed in whole or in part against property owners including real estate developments benefiting by the extension.

D. All water mains, hydrants and associated facilities such as booster pumps, pressure tanks, service lines, curb stops, curb boxes and valves, as required by the Township master water plan or by the Department of Public Utilities on new or proposed streets shall be installed and paid for by the real estate developers or builders and ownership shall be transferred to the Township when the installation meets with the approval of the Department of Public Utilities and the Township Committee. Prior to acceptance it shall be necessary for the real estate developer or builder extending the water system to submit to the Department of Public Utilities a detailed map indicating the location of the extended facilities including all surface controls as well as the depth of the subsurface lines and controls by acceptable engineering detailed drawings.

E. The Department of Public Utilities shall specify the type, size and location of all mains, hydrants, booster stations, pressure tanks, etc., on all new extensions and the entire system is subject to inspection and approval by the Department of Public Utilities and is to be tested under the Department of Public Utilities' supervision before backfilling.

F. If an existing main adjoins a property in a real estate development and is of sufficient capacity for the additional amount of water required for the development, the charges for connecting the existing main to the mains of the development shall be set by the Township Committee. If the capacity of the existing main is not adequate to supply the additional amount of water to be used in the development, the developer shall be responsible for the installation of a suitable main and other necessary equipment which may be installed only after review and approval of the extension by the Township Committee in communication with the officials of the Department of Public Utilities. Any extension of a new main shall not be undertaken unless and until the developer responsible for the same shall have entered into an agreement with the Township which shall include the terms and conditions relative to the method and cost of installation and other matters incidental to the extension. Any agreement shall be required to include a provision requiring the developer to pay to the Township the appropriate connection fee pursuant to Chapter 150, Fees, for each service connection to be made by the developer from the extended main.

G. Installation of new water mains in major subdivision tracts developed for residential, industrial, commercial and research use shall in all cases conform to the Township's master water plan and requirements of Chapter 190, Land Use.

H. Limited main extension other than in major subdivision developments or as part of the Township extension program, may be made on the basis of individual application and in accordance with the Township's water main extension agreement between the applicant and the Township. In such case, however, the applicant to be served shall pay the entire cost of the extension. The extension shall not be authorized until the plans and method of installation as well as the location is submitted to the Township Committee for approval. The submission of the planned extension for approval to the Township Committee shall contain within the specifications submitted a detailed map prepared by a licensed professional engineer indicating the location of the main extension and the appurtenances. Any limited main extensions shall be subject to all of the rules, regulations and requirements of the provisions of this section relating to extension to or changes in existing mains in the Township.

§ 351-10 Public fire hydrants.

A. No person shall take water from any fire hydrant or hose plug except for the use of a recognized fire company, and no fire hydrant shall be used for sprinkling the street, flushing sewers or gutters or for any other purpose without authorization of the Department of Public Utilities.

B. The Chief of the fire company and his assistant officers are authorized to use the public fire hydrants for the purpose of extinguishing fires and with due care after notice to the Department of Public Utilities, to a reasonable extent to use water for the purposes of drills, tests and washing fire equipment, but all uses shall be under the supervision and direction of the Chief or his assistant. In no event shall an inexperienced or an incompetent person be permitted to manipulate, or control in any way, any fire hydrant.

C. The location of a fire hydrant may upon written request be changed with the approval of the Department of Public Utilities, and the estimated cost of making the change shall be paid for by the applicant in advance. No hydrant will be moved which will increase existing insurance rates.

D. The location and setting of new fire hydrants shall be made in conformity with the requirements and recommendations of the National Board of Fire Underwriters.

E. 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 from any fire hydrant. Any 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. Repair or damage of hydrant shall be charged to the person responsible.

F. Public fire hydrants shall be maintained by the Department of Public Utilities but all expenses for the maintenance or repairs resulting from the negligence or fault of the employees of the Township, members of the Fire Department or other persons, excluding the Department of Public Utilities or its employees, shall be paid by the Township or those responsible. Private fire hydrants supplied with water by the Township shall pay an annual maintenance fee to the Township as provided in Chapter 150, Fees.

G. The Department of Public Utilities shall not be liable for a deficiency or failure in the supply of water for the control or suppression of fires from any cause.

§ 351-11 Private fire hydrants.

A. When in the judgment of the Department of Public Utilities it is practical, private fire service connections may be allowed for hydrants, hose connections or sprinkler systems on private property for which a flat rate or meter rate, at the option of the Department of Public Utilities, will be charged subject to special contract and special rules and regulations governing the service as may be determined by the Department of Public Utilities and Township Committee.

B. All private fire hydrants shall be installed at the sole cost of the applicant, subject to approval of the type, size and installation by the Department of Public Utilities.

C. All private fire hydrants shall be subject to use by the Fire Department for the control and suppression of fires whether on the property of the applicant or not. When such use is made for protection of property other than that of the owner of the property whereon the private fire hydrant is located no charge shall be made for the water used as estimated by the Department of Public Utilities.

D. All private fire hydrants and all facilities installed shall be maintained by the persons receiving the benefit under the supervision of the Department of Public Utilities.

§ 351-12 Thawing.

No company or person shall undertake the thawing of water service pipes or mains by the use of electric current without authorization and supervision of the Department of Public Utilities. The services of a Department of Public Utilities inspector shall be paid for at the rate provided in Chapter 150, Fees, by the company or individual to whose work he is assigned.

§ 351-13 Rules for installation and maintenance of service line.

A. Any person doing any plumbing work in connection with the installation and maintenance of a service line shall report, within five days, to the Department of Public Utilities all violations of this chapter and of the rules and regulations of the Department of Public Utilities which come to his knowledge or attention.

B. Any person doing any plumbing work shall indemnify and save harmless the Township and the Department of Public Utilities from all accidents and damage resulting from his work whether the work is done by him personally or under his direction.

C. Where high-pressure steam boilers or boiler-feed pumps are connected directly with the service connection depending upon the pressure in the mains for supplying the boilers or pumps, without intervening tank or receptacle, a reduced pressure zone backflow preventor shall be placed in the feed pipe in addition to the controlling valve. Neither the Township nor the Department of Public Utilities shall be responsible for any accidents or damage resulting from any direct connection from any cause whatever.

D. Any person doing any plumbing work may turn on the water after the connection is completed to test out his work but shall leave the curb stop closed when he has finished the work, unless specifically authorized to leave it turned on by the Department of Public Utilities.

E. Any persons making changes in piping, fixtures and facilities subject to flat rate charges, shall notify the Department of Public Utilities.

F. In the event that lead pipe is identified in any existing service connection, it shall be replaced with Type K copper tubing. In accordance with § 351-5E, the property owner shall be responsible for the replacement of any lead pipe from the curb stop to the building. If the property owner fails or refuses to replace any such lead service connection, then the Department of Public Utilities may, after providing notice, enter such property to perform a lead service line replacement pursuant to N.J.S.A. 58:12A-39. The cost of any replacement by the Department of Public Utilities shall be assessed to the property in the same manner as provided for the assessment of local improvements pursuant to N.J.S.A. 40:56-1 et seq.

[Added 9-20-2022 by Ord. No. O-22-17]

§ 351-14 Improper use of water on Township properties.

Any bailee entrusted with the care of any property of the Township who fails to maintain same in good order or tampers or molests same or, with intent to defraud, takes, receives, retains, or appropriates to his own use or the use of another any property or water without payment for same which belongs to the Township shall be deemed in violation of this chapter.

§ 351-15 Collections; interest and penalties on delinquent accounts; liens.

A. Bills for water consumption in any quarterly period or fraction of a quarterly period or for any other charges shall be due and payable on the date of the billing.

B. If any bill or part rendered for water usage or for any other charges in connection therewith is not paid before the 31st day following the bill date, the bill shall be considered delinquent and subject to interest from the bill date until such time as the bill is paid in full.

C. Unpaid charges and rentals for connections with and use of the water system shall be liens upon the premises connected until paid, and the Township shall have the same remedies for the collection thereof with interests, costs and penalties, as it has by law for collection of taxes upon real estate.

D. In addition to the lien provided for in Subsection C, in the event of unpaid charges and rentals, the Township may terminate service to the customer. For customers located outside of the Township, the Township shall have the right of termination of service if either the water charge pursuant to § 351-6G or the hydrant charge pursuant to § 351-6D(2), or both, are unpaid for 31 days beyond the payment due date.

E. The Township may combine billing for water consumption with billing for sewer service under § 270-10C of Chapter 270, Sewers, and render one statement detailing both water and sewer charges.

§ 351-16 Residential customer dispute.

A. At any time before the date of termination of service for nonpayment of the amount shown on a bill, a notice of rejection or a notice of termination, a residential customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section. A residential customer shall not be entitled to dispute the correctness of all or part of the amount, if all or part of the amount was the subject of a previous dispute under this section.

B. The procedure for residential customer dispute shall be as follows:

(1) Before the date of termination, the residential customer shall notify the Department of Public Utilities orally or in writing that he disputes all or part of the amount shown on the bill, stating as completely as possible the basis for the dispute. Oral notice shall delay termination for 10 days pending receipt of written notice.

(2) If the Department of Public Utilities determines that the present dispute is untimely or was previously disputed, the Department of Public Utilities shall mail to the customer a notice stating such determination. The Department of Public Utilities shall then proceed as if the customer had not notified the Department of the present dispute.

(3) If the Department determines that the present dispute is not untimely or invalid, it shall, within 10 days following receipt of the customer's notice arrange an informal meeting between the residential customer and an official of the Department.

(4) Based on the Department's records, the customer's allegations and all other relevant materials available to the official, the official shall resolve the dispute attempting to do so in a manner satisfactory to both parties.

(5) Within five days of the completion of the meeting, the official shall mail to the customer a copy of his decision.

(6) If the decision is unsatisfactory to the customer, the customer within five days of receiving the official's decision may request, in writing, a formal hearing before the Township Administrator or the Administrator's designee.

[Amended 5-24-2022 by Ord. No. O-22-8]

(7) The formal hearing before the Township Administrator shall be held within 10 days of the Department of Public Utilities' receipt of the customer's written request.

(8) At the hearing, the Department of Public Utilities and the customer shall be entitled to present all evidence that is, in the Administrator's view, relevant and material to the dispute and to examine and cross-examine witnesses.

(9) Based on the record established at the hearing, the Administrator, within five days of the completion of the hearing, shall issue a written decision formally resolving the dispute. The Administrator's decision shall be final and binding on both the Department and the residential customer.

[Amended 5-24-2022 by Ord. No. O-22-8]

C. Utilization of this dispute procedure shall not relieve the residential customer of his obligation to timely and completely pay all other undisputed utility charges and/or installment and surcharges and the undisputed portion of the amount which is the subject of the present dispute.

D. Until the date of the Township Administrator's or the Department of Public Utilities official's decision, whichever is later, the Department of Public Utilities shall not terminate the utility service of this residential customer and shall not issue a notice of termination to them solely for nonpayment of the disputed amount. If it is determined that the customer must pay some or all of the disputed amount, the Department of Public Utilities shall promptly mail to or personally serve upon the customer a notice of termination which shall contain the following:

[Amended 5-24-2022 by Ord. No. O-22-8]

(1) The amount to be paid;

(2) The date of the notice of termination;

(3) The date of termination which shall be at least 15 days after the date of the notice of termination;

(4) Notice that unless the Department receives complete payment of the amount shown prior to the date of termination, utility service shall be terminated.

§ 351-17 Limitations on termination of service.

Any termination of service for any reason whatsoever shall be limited in the following manner:

A. The Department of Public Utilities shall terminate service for nonpayment of utility charges and/or installments or surcharges only during the hours of 9:00 a.m. to 3:00 p.m., Monday through Thursday. No termination shall be performed on a legal holiday or on the day before a legal holiday.

B. No termination shall be permitted on a day when the low temperature within the previous 24 hours was below 32° F. If service to a residential customer has been terminated and not reinstated by 5:00 p.m. on the day of termination when the low temperature within the previous 24 hours was below 32° F., the Department of Public Utilities shall notify the Police Department on the day of the termination of the following:

(1) The name of the residential customer.

(2) The address and location of the residence no longer receiving utility service.

(3) The possible threat to the health and life of all persons residing at the residence.

§ 351-18 Required backflow protection installations.

The following regulations to assure backflow protection are required:

A. All applications must be accompanied with drawings prior to approvals.

B. The installation of fire lines requires application through the Department of Public Utilities prior to construction.

C. For uses with minor to intermediate cross connection hazard, including but not limited to retail stores and shops, motels, hotels, schools, office complexes, fire lines (city water systems only), etc., a double check valve assembly must be installed.

[Amended 5-24-2022 by Ord. No. O-22-8]

D. Any existing and proposed residential wells which will be used for outside purposes only must be disconnected from the Township water system, and all pumps, tanks and piping must be located outside the building or dwelling. In addition, a factory assembled dual double check valve must be installed.

[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]

E. For uses with major cross connection hazard, including but not limited to chemical plants, sewage pumping stations, restaurants, beauty parlors, attached retail units, industrial waste treatment plants, commercial laundries, car washes, manufacturing plants, drug and pharmaceutical plants, dry cleaners, gasoline stations, auto repair shops, office complexes with x-ray and laboratory facilities or uses, etc., a reduced pressure zone backflow preventor must be installed.

[Amended 5-24-2022 by Ord. No. O-22-8]

F. The following fire protection systems shall require the installation of a reduced pressure zone backflow preventor:

(1) Antifreeze type.

(2) Dry type.

(3) Auxiliary water supply within 1,700 feet of fire connection.

G. All systems with backflow protection must install expansion tanks on hot water tanks and boilers.

H. All lawn sprinkler systems must be equipped with a pressure vacuum breaker assembly.

I. Backflow prevention devices shall not be installed in pits or similar potentially submerged locations.

J. In all instances where buildings are served by municipal water for fire protection, a detector type (U.S. gallons) double check valve assembly must be installed.

[Amended 5-24-2022 by Ord. No. O-22-8]

K. All backflow protection device installations shall be tested by a technician approved by the Utilities Superintendent and state certified to test backflow devices.

§ 351-19 Use of hydrants by developers.

[Amended 12-27-2005 by Ord. No. O-05-48]

Hydrant meter usage shall be at the discretion of the Utility Superintendent.

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

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

LONG-TERM USE

A period of time greater than three months.

SHORT-TERM USE

A period of time not longer than three months.

B. Application requirement. Any developer of new construction within the Township shall apply to the Township Utilities Department for either short-term or long-term hydrant use in connection with a development project.

C. Short-term use.

(1) The developer or representative may apply to the Township Utilities Department for short-term hydrant use.

(2) A fee as provided in Chapter 150, Fees, shall be charged for short-term use of the hydrant. An additional charge shall be billed to the developer at the end of use.

(3) A hydrant meter and backflow preventor shall be supplied by the Utilities Department (three-fourths-inch only). If a larger size meter is required as determined by the Utilities Department or as requested by the applicant, the hydrant meter and backflow preventor must be supplied by the applicant. The required backflow protection installation regulations set forth in § 351-18 shall be applicable to this Subsection C(3). If a hydrant meter and backflow preventor are supplied by the Utilities Department, they shall be promptly returned to the Utilities Department by the applicant at the end of the use period. A fee will be charged, as provided in Chapter 150, Fees, if the meter and backflow preventor are not returned promptly at the end of the use.

(4) The hydrant to be used will be designated by the Utilities Department representative. Proper and safe operation of the water hydrant shall be the responsibility of the developer. Opening and closing the hydrant as necessary shall only be conducted with hydrant wrenches. Any damage to the hydrant as determined by the Township Utilities Department shall be repaired by the developer. In the event repairs are not effectuated, the Township reserves the right to charge the developer the appropriate cost for repair as set forth herein.

D. Long-term use.

(1) The developer or representative may apply to the Township Utilities Department for long-term hydrant use.

(2) A fee as provided in Chapter 150, Fees, shall be charged for long-term use of the hydrant. An additional charge shall be billed quarterly to the developer.

(3) The developer shall supply the hydrant meter and backflow preventor. The required back flow protection installation regulations set forth in § 351-18 shall be applicable to this Subsection D.

(4) The hydrant to be used will be designated by the Utilities Department representative. Proper and safe operation of the water hydrant shall be the responsibility of the developer. Opening and closing the hydrant as necessary shall only be conducted with hydrant wrenches. Any damage to the hydrant as determined by the Township Utilities Department shall be repaired by the developer. In the event repairs are not effectuated, the Township reserves the right to charge the developer the appropriate cost for repair as set forth herein.

E. Hydrant meter specifications. The hydrant meter shall mount to the two-and-one-half-inch nozzle side barrel only. A reduced pressure zone, backflow preventor shall be used in all installations. A meter, allowing for readings in terms of 1,000 gallons, shall be attached to the hydrant. A backflow preventor and shutoff valve must be supplied on the influent and effluent side of the assembly. (See attached drawing as Exhibit A.)[1]

[Amended 5-24-2022 by Ord. No. O-22-8]

[1] Editor's Note: Exhibit A is on file in the Clerk's office.

§ 351-20 Violations and penalties.

Violations of the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty.