Township of Elk, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 10-6-2005 by Ord. No. O-2005-12. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Utilities Authority — See Ch. 38.
Uniform Construction Codes — See Ch. 54.
Property maintenance — See Ch. 79.
Sewers — See Ch. 81.
Unified development — See Ch. 96.
Property maintenance (Board of Health) — See Ch. 110.

§ 98-1 Installations and connections required.

The owner of every house, building or structure used for human occupancy, employment, recreation or other purposes, which is or may be occupied or used by human beings, situated within Elk Township and abutting on any street in which there is a public water main now or hereafter constructed, acquired or operated in the Township of Elk by the Elk Township Municipal Utilities Authority (hereafter "Authority"), is hereby required, at his expense, to connect all inside water plumbing systems with the public water main in accordance with the rules and regulations of the Authority, within 120 days after the date of official notice of the availability of water from the public water main or prior to occupancy or use of such house, building or structure, whichever date shall be later. This provision shall not apply to a house, building or structure conditionally exempt from connection under § 98-4 of this chapter.

§ 98-2 Failure to comply or make connections; violations and penalties.

A. 
If the owner of any house, building or structure referred to in § 98-1 of this chapter shall fail to make any installation or connection required by this chapter within the time therein required, the Township may proceed to make such installation or connection, or cause the same to be made, and assess the cost thereof as a lien against such house, building or structure, pursuant to the N.J.S.A. 40:63-52 to 40:63-64, inclusive.
B. 
Every person, firm, partnership or corporation found guilty of violating any of the provisions of this chapter may, in addition to the procedures outlined in Subsection A of this section, be liable, upon conviction, to a fine of not more than $500 or imprisonment for a term not to exceed 90 days or both for each conviction. A violation of this chapter shall not be considered a continuing violation on a day-to-day basis. However, a new violation shall be deemed to have occurred 30 days after the prior violation.

§ 98-3 Installations and connections made in compliance with regulations.

The installations and connections required to be made pursuant to the provisions of § 98-1 of this chapter shall be made in accordance with the rules and regulations of the Authority, which rules and regulations shall be kept on file in the office of the Authority and with the Clerk of the Township of Elk.

§ 98-4 Improved properties conditionally exempt from mandatory connection.

Notwithstanding any other provision of this chapter to the contrary, the provisions of this chapter shall not apply to:
A. 
Any house, building or structure now or hereafter constructed, acquired or occupied which is set back 250 feet or more from any street in which there is a public water main. However, the owner of any existing house, building or structure set back 250 feet or more from any street in which there is a public water main in existence or hereafter installed shall have the right to connect the same to the water system of the Authority should he decide to do so.
B. 
Any seasonal roadside stands where farm products or produce are sold.
C. 
Any existing house, building or structure whose water supply is from a private well approved by the Gloucester County Health Department until a new well permit from the Gloucester County Health Department for a new well is required. Upon a new well permit being required, the exemption provided under § 98-4C of this chapter terminates and the owner, within 120 days after the date on which the new well permit was required, must connect such house, building or structure to the public water system of the Authority under and pursuant to rules and regulations of the Authority.
D. 
Any existing house, building or structure whose water supply is from a private well approved by the Gloucester County Health Department until the well fails any of the tests required under the Private Well Testing Act, N.J.S.A. 58:12A-26 et seq. Upon the well water failing any such tests, the exemption provided under § 98-4C of this chapter terminates and the owner, within 120 days after the date on which the well water results were issued, must connect such house, building or structure to the public water system of the Authority under and pursuant to the rules and regulations of the Authority.

§ 98-5 Actual use of property controlled by zoning.

The foregoing shall not in anywise be construed to permit any use not otherwise permitted by the Zoning Ordinance of the Township.

§ 98-6 Use of wells or springs restricted.

Except as hereinafter provided, no well or spring for inside potable water use shall be constructed or maintained on a property accessible to a public water main unless exempted under § 98-4A through C, inclusive, of this chapter.

§ 98-7 Abandoned wells to be capped and closed.

Except as hereinafter provided, immediately after the commencement of public water supply service to a property previously served by a well, the well shall be abandoned and capped or closed in a manner satisfactory to the Gloucester County Department of Health unless approved in accordance with § 98-8 of this chapter.

§ 98-8 Procedures for use of wells.

Whenever public water service is provided for a property and the property owner desires to continue use of his private well for outside water supply purposes, the continued use of the well must be approved for outside water supply purposes by the Gloucester County Health Department. Under no circumstances shall the private well remain physically connected to the inside water supply piping or water plumbing system or sewerage system. Should such well not be approved by the Gloucester County Health Department, it shall be abandoned and capped or closed in a manner satisfactory to the Department. A property owner's entitlement to seek approval for continued use of his private well after public water service is provided to his property is subject to any restrictions or prohibitions or permit conditions imposed by the New Jersey Department of Environmental Protection.