Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 135.
Sewer and water — See Ch. 328.
Streets and sidewalks — See Ch. 368.
[Adopted 12-15-2009 by Ord. No. 09-1774]

§ 405-1 Guidelines for all users including residential, commercial, academic, municipal properties and parks and recreation fields.

Except as may be further restricted in accordance with § 405-6 below, the use of water within the Borough of Highland Park, regardless of the source of water (public or private) shall conform to the following:
A. 
All citizens shall be urged to observe indoor conservation measures at all times; and
B. 
Water use restrictions.
(1) 
Lawn watering. Property owners are encouraged to water two days per week.
C. 
Water shall only be conducted between the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.; and
D. 
The watering of any single area shall not exceed 30 minutes per day.
(1) 
Flowers and shrubs may be watered as needed with a hand-held hose equipped with an automatic shutoff nozzle.
(2) 
Vehicles may be washed any day with a hand held hose equipped with an automatic shutoff nozzle.
(3) 
Violators of these guidelines and requirements are subject to fines.
(4) 
Restrictions identified in § 405-6 shall supersede those identified in this article when the Highland Park governing body declares a declaration of water emergency.
(5) 
State of New Jersey requirements shall supersede when more stringent than the Highland Park Water Conservation Guidelines.

§ 405-2 Enforcement.

The water use restrictions and automatic rain sensor equipment imposed pursuant to this article shall be enforced by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, regardless of the source of the water (public supply or private well), such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 405-3. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this article.

§ 405-3 Violations and penalties.

After a warning for a first offense in accordance with § 405-2 above, any person or business that thereafter violates the water use restrictions imposed pursuant to this article shall be subject to the penalty provisions stated at Chapter 1, General Provisions, Article III, General Penalty, of the Code.

§ 405-4 Exemptions.

Restrictions in § 405-1 above do not apply to the following:
A. 
Commercial crop and sod farms and nursery stock at nurseries or retail outlets and commercial golf courses.
B. 
Outdoor irrigation necessary for one day only where treatment with an application of chemicals require immediate watering to preserve an existing landscape or to establish a new landscape.
C. 
Outdoor irrigation necessary for the establishment of newly sodded lawns or landscaping within the first 21 consecutive days of planting.
D. 
Visually supervised operation of watering systems by a State of New Jersey Licensed Irrigation Contractor for short periods of time to check system condition and effectiveness.
E. 
The use of Reclaimed Water for Beneficial Reuse (RWBR), as approved in a New Jersey Pollutant Discharge Elimination System permit pursuant to N.J.A.C. 7:14A-1 et seq., and any conditions appertaining thereto.
[Adopted 12-15-2009 by Ord. No. 09-1774]

§ 405-5 Declaration of water emergency.

A water emergency shall be declared:
A. 
Upon action by resolution of the governing body:
(1) 
Whenever the Municipal Engineer in his or her professional judgment finds that emergency conditions exist within the municipality, he or she shall recommend to the Highland Park governing body that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in § 405-6 below are appropriate. Factors which the Municipal Engineer may consider in making said recommendation include, but are not limited to, the following:
(a) 
Lack of precipitation for an extended time period;
(b) 
Below-average water levels in municipal streams or other surface water bodies;
(c) 
Administrative actions taken by the Delaware River Basin Commission in relation to stream flows in the Delaware River (if appropriate);
(d) 
Declaration of a water emergency by the Governor;
(e) 
Declaration of a water emergency by a surrounding municipality or municipalities;
(f) 
Designation by the New Jersey Department of Environmental Protection of a drought watch or drought warning condition;
(g) 
Below-average water levels in wells monitored by the United States Geological Survey, New Jersey Geological Survey or other wells monitored by agencies of the United States or New Jersey;
(h) 
Evidence of low or dirty water yields in private wells in the municipality;
(i) 
Declaration of a water emergency resulting from infrastructure failure or any other safe drinking water emergency issues.
(2) 
Upon receiving such a recommendation, the Highland Park governing body may accept the Municipal Engineer's recommendation and findings, or any portion thereof, and adopt a resolution declaring a water emergency in the municipality.
(3) 
Such resolution shall be adopted by the Highland Park governing body at any regular, special, adjourned or emergency public meeting of the Highland Park governing body. Such resolution shall specify which of the water use restrictions, if any, contained in § 405-6 are being imposed. Such resolution shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in §§ 405-7 and 405-8 below.

§ 405-6 Water use restrictions.

Upon adoption by the Highland Park governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 405-5:
A. 
All citizens shall be urged to observe voluntary indoor conservation measures; and
B. 
Water uses and restrictions including but not limited to the below may be included in a water emergency resolution:
(1) 
The watering of plant growth, except commercially grown food crops, sod at commercial sod farms and golf courses and nursery stock at nurseries or retail outlets;
(2) 
The washing of vehicles, except for emergency vehicles and by a commercial enterprise whose primary function is car washing, regardless of whether the operation is mobile or stationary or in those instances where a threat to public health may exist;
(3) 
The washing of driveways, sidewalks, decks, patios or paved areas;
(4) 
The serving of water in restaurants, clubs, or eating places unless specifically requested by patrons;
(5) 
The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills except as the Municipal Fire Chief deems necessary in the interest of public safety.
(6) 
The use of fire hydrants by municipal road departments, contractor, and all others, except as necessary for fire-fighting or protection purposes;
(7) 
The use of water for all outdoor recreational purposes;
(8) 
The washing of outside of dwellings, buildings, or other structures, except windows;
(9) 
The operation of any ornamental fountain or other structure making a similar use of water except as necessary to preserve or support fish and aquatic life;
(10) 
The washing of streets via a street sweeper, except in those instances where Reclaimed Water for Beneficial Reuse (RWBR) is authorized under a valid New Jersey Pollutant Discharge Elimination System (NJPDES) Permit.
(11) 
Any other water use activity specified by the Highland Park governing body in the resolution required by § 405-5 above which is reasonable under the circumstances considering the nature and extent of the water emergency.
C. 
The following restrictions may be imposed on the water uses stated in Subsection B:
(1) 
Limiting all outdoor usage which is not strictly prohibited by this subsection to the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.
(2) 
The watering of any single area shall not exceed 30 minutes per day; and
(3) 
Any other restriction specified by the Highland Park governing body which is reasonable under the circumstances considering the nature and extent of the water emergency.
D. 
Any water use restriction imposed pursuant to this section may be amended by the Highland Park governing body to add, alter, or delete any restriction in the section at any time during the water emergency. Said amendment shall be by resolution of the Highland Park governing body.
E. 
Any water use restriction imposed pursuant to this section shall apply equally to both users on privately owned wells and users served by a public water system.
F. 
Nothing in this section shall be read so as to prohibit, restrict or limit water usage where a bona fide health emergency exists.

§ 405-7 Duration of water emergency.

Whenever the Municipal Engineer in his or her professional judgment finds that the emergency drought conditions in the municipality have abated prior to the expiration of the time period specified in the resolution, he or she shall recommend to the Highland Park governing body that the water emergency cease. Upon such a recommendation to cease, the Highland Park governing body may adopt a resolution declaring the water emergency ended and the water ruse restrictions identified in § 405-6 inapplicable. Otherwise, at the end of the time period specified in the original resolution, the water use restrictions identified in § 405-6 shall lapse and be inapplicable and unenforceable.

§ 405-8 Extension of water emergency time period.

If at the expiration of the time period specified in the resolution, the Municipal Engineer in his or her professional judgment finds that the emergency drought conditions have not abated, he or she shall recommend to the Highland Park governing body that the water emergency remain in effect. Said recommendation shall specify the duration of the extension. Whenever the Highland Park governing body has received such a recommendation, it may accept the Municipal Engineer's recommendation and findings, or any portion thereof, and adopt a resolution to extend the water emergency. Said resolution shall specify the duration of the extension, which shall not be for more than 90 days.

§ 405-9 Notice.

Reasonable attempts shall be made to notify citizens and residents of the municipality of the existence of a water emergency, the restrictions imposed, and the penalties for violations.

§ 405-10 Enforcement.

The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, regardless of the source of the water, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 405-11. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this article.

§ 405-11 Violations and penalties.

After a warning for a first offense in accordance with § 405-10 above, any person or business that thereafter violates the water use restrictions imposed pursuant to this article shall be subject to the penalty provisions stated at Chapter 1, General Provisions, Article III, General Penalty, of the Code.