Township of Franklin, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Street excavations — See Ch. 120, Art. I.
Water franchise — See Ch. A161.
[Adopted 4-29-1985 by Ord. No. 85-3]

§ 135-1 Legislative intent.

[Amended 10-28-1985 by Ord. No. 85-4]
The Mayor and Township Committee deem it in the best interest of the residents of the Township, due to the detection of substantial water pollution and contamination in the groundwater aquifer in certain areas of the Township, and have therefor granted a limited franchise to New Jersey Water Company[1] to extend water mains into the Township in and through the municipal streets therein. In order to facilitate said water main extension, to promote the health and welfare of its residents and to make the same cost effective, this article is hereby adopted, providing for certain regulations for the mandatory connection to said water mains as hereinafter provided.
[1]
Editor's Note: See Ch. A161, Water Franchise.

§ 135-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any building or structure heretofore or hereafter constructed, designed or used for residential dwelling purposes or occupancy by persons, whether temporary or permanent, for public use or commercial or industrial uses in which water facilities are required by any statute, regulation or ordinance of the State of New Jersey, County of Warren or the Township of Franklin.
CONNECTION DATE
For all existing buildings required to be connected, the 90th day next ensuing after said water mains are available to serve said building or structure. For any building or structure constructed after the date of completion of said water mains and after they are available to serve, said building or structure shall be connected to said water mains at the time of such construction and prior to occupancy, unless hereinafter exempted.
PUBLIC WATER
Any system providing for the carrying of water for domestic, commercial or industrial purposes from a central source by and through pipelines and mains installed in the public streets of the municipality, whether the same be by a public water authority or private water company, authorized by statute and/or regulated as a public utility.

§ 135-3 Connection required.

[Amended 10-28-1985 by Ord. No. 85-4]
All buildings or structures located within a reasonable distance of water mains installed or to be installed by the New Jersey Water Company in the area presently outlined by the New Jersey Department of Environmental Protection and designated as the "red-lined area," as on file with the Franklin Township Clerk and the New Jersey Department of Environmental Protection, shall connect such buildings or structures to said water mains on or before but not later than the connection date. Said connection shall be mandatory. All new buildings or structures along any future extensions of said water main by the New Jersey Water Company or other water utility shall be connected to said water mains at or during the time of construction, provided that the same are within a reasonable distance of said mains. The owners of said buildings or structures shall bear the cost and responsibility from the curbline connection, with the exception of those covered under the emergency installation extension by the Spill Compensation Fund in the red-lined area.

§ 135-4 Compliance with installation standards.

Every connection required by this article shall comply in all respects with the Plumbing Code of the State of New Jersey, the New Jersey Uniform Construction Code or any other regulations.

§ 135-5 Disconnection of existing water supply.

[Amended 10-28-1985 by Ord. No. 85-4]
A. 
It is further provided that those buildings or structures required to hook up to an existing water main shall simultaneously at the time of said connection shut off, disconnect and totally divorce the previous private water system to said buildings or structures. The disconnection shall be subject to and in accordance with the procedures as required by state statute, regulations or other ordinances.
B. 
All private wells disconnected pursuant to Subsection A shall be filled and sealed unless specifically exempted by the State of New Jersey or any of its duly authorized agencies in accordance with N.J.A.C. 7:9-9.1 et seq.

§ 135-6 Enforcement; violations and penalties.

[Amended 10-28-1985 by Ord. No. 85-4; 9-28-1987 by Ord. No. 87-9]
A. 
Upon failure of any owner, person or corporation to comply with this article within 30 days of a notice from the Franklin Township or Warren County Board of Health, which notice shall be served by certified mail (return receipt requested) and regular mail to the address of said owner as listed on the tax assessment list of the Township of Franklin, said owner, person or corporation shall be subject to the provisions of Subsection B below.
B. 
In the event that any owner, person or corporation shall not connect a building or structure to the water main as herein provided and/or disconnect the private water source and/or fill and seal his private well, such owner, person or corporation shall, upon conviction thereof, pay a fine of $25. Each day beyond said thirty-day notice period shall be a separate violation of the within provisions. Penalties under this article shall be enforced by the Township or County Board of Health or any authorized state agency in the Municipal Court or any other court having proper jurisdiction thereof.
[Adopted 10-7-2013 by Ord. No. 2013-11[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Theft of Service, adopted 12-5-2005 by Ord. No. 2005-17.

§ 135-7 Hydrants required.

A. 
All public water systems constructed within the Township shall be designed to support the installation of fire hydrants conforming with NFPA standards to facilitate the provision of fire protection to all areas of the Township served by public water systems.
B. 
All fire hydrants shall conform to NFPA standards. 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 Township of Franklin shall be responsible for the maintenance of all and any fire hydrants located within the right-of-way of the public streets within the Township of Franklin. 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 Volunteer Fire Departments or authorized agents and employees of the Township of Franklin, shall be permitted to open any fire hydrants. Only standard fire hydrant wrenches shall be used in the opening or closing of fire hydrants.

§ 135-8 Obstruction of fire hydrants prohibited; liability for damage to fire hydrants.

A. 
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 Township at the expense of the person responsible for the obstruction, said expense to be imposed as a municipal lien against the property upon which any obstruction is located.
B. 
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 Township for the full cost (on a time-and-material basis) of repairing or replacing the damaged fire hydrant.