[HISTORY: Adopted by the Board of Health
of the Township of Chesterfield 10-11-1971 by Ord. No. 1971-4. Amendments noted where applicable.]
Pursuant to the authority of Chapter 188 of
the Laws of the State of New Jersey for 1950 (N.J.S.A. 26:3-69.1 et
seq., as amended and supplemented), there is hereby adopted by the
Board of Health of the Township of Chesterfield the entire Health
and Sanitation Code known and constituted as the "Individual and Semipublic
Water Supply Code of New Jersey (1966)," approved by the New Jersey
State Department of Health on July 1, 1966, in booklet form and contained
therein on pages four through 23, inclusive, with the provisions thereof
to be controlling within the entire limits of the Township of Chesterfield
for the purpose of regulating and controlling the location, construction,
alteration, use, maintenance and supervision of individual and semipublic
water supplies, requiring certain permits, providing for the inspection
of such supplies, the fixing of fees and providing penalties and imprisonment
for the violations thereof. A whole printed copy thereof is annexed
hereto and made a part hereof without the inclusion of the text, and
the same is hereby adopted and incorporated as if set out in length
herein.
Not fewer than three copies of said code have
been placed on file in the office of the Secretary of the Board of
Health of the Township of Chesterfield and will remain on file there
for the use and examination of the public.
A.
No person shall locate, construct or alter any water
supply until a permit for the location, construction or alteration
of said water supply shall have been issued by the Board of Health
of the Township of Chesterfield.
B.
The Board of Health of the Township of Chesterfield
may issue a permit if an application for the same is accompanied by
a certificate made by an engineer licensed to practice professional
engineering in New Jersey stating that the design of the water supply
as proposed is in compliance with the code.
A.
New water supplies shall not be placed in operation,
nor shall new dwellings or buildings or additions thereto be sold
or occupied, which must rely on such a supply for water until the
Board of Health of the Township of Chesterfield shall have issued
a certificate indicating that said water supply has been located and
constructed in compliance with the terms of the permit issued and
the requirements of the aforesaid code. Issuance of such certificate
shall not be required for alteration to an existing water supply.
B.
The Board of Health of the Township of Chesterfield
may issue such a certificate if an engineer licensed to practice professional
engineering in New Jersey submits a statement, in writing, signed
by him to the Board of Health of the Township of Chesterfield that
said water supply has been located and constructed in accordance with
the terms of the permit and the requirements of the aforesaid code.
In case any permit or certification required
by this chapter is denied by the Board of Health of the Township of
Chesterfield, a hearing shall be held thereon before the Board within
15 days after request therefor is made by the applicant, and, upon
such hearing, the Board of Health of the Township of Chesterfield
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
The Board of Health of the Township of Chesterfield
may order all further work in and about any water supply, which is
being erected or installed in violation of the code to be stopped
forthwith, except such work as shall be necessary to remedy such violation,
and, thereafter, the work continued without any violation of any of
the provisions of the code, and, after issuance of any such order
and the service of a copy thereof upon any person connected with or
working in and about the erection or installation of any such water
supply or any part thereof, no further work shall be done thereon
except as aforesaid.
[Amended 5-4-1989 by Ord. No. 1989-5; 3-25-2010 by Ord. No.
2010-4]
The fees and charges are herewith established
as set forth in § 110-228.:
Any person who violates or neglects to comply
with any provision of this chapter or code established herein or notice
issued pursuant thereto shall, upon conviction thereof, be liable
to a penalty of not less than $5 nor more than $500 for each violation.
When a person, upon conviction, with the financial ability refuses
or neglects to pay the amount of the penalty and all costs and charges
incident thereto rendered against him or her as the case may be, the
court having jurisdiction over the matter may cause a commitment to
the county jail for a period not exceeding 90 days. In case a person
shall have been twice convicted within the space of six months for
the violation of the same offense and due proof of such fact is made,
the court having jurisdiction over the matter may cause the imprisonment
of such person in the county jail with or without hard labor for a
period not exceeding the lesser of one day for each dollar of the
penalty or 90 days.
