[HISTORY: Adopted by the Township Committee 9-16-2003 by Ord. No.
03-6[1] (Ch. 185 of the 1990 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 185, Water Supplies, Individual and Semipublic, adopted by the
Board of Health 12-10-1974, as amended.
A.
Basis for chapter.
It has been established in previous studies of groundwater supply
in Harmony Township that a safe, sustainable groundwater supply for
the Township's residences and businesses is limited by the facts that:
B.
Purpose of chapter.
The purpose of this chapter is to ensure that the development of the
Township occurs in a manner that offers the maximum protection of
a safe and adequate water supply for existing and prospective residences
and businesses. This chapter is intended:
(1)
To protect
the Township's water supply for all residents;
(2)
To ensure
that new wells constructed in Harmony Township will yield a sufficient
rate of water which will meet accepted standards of water quality;
(3)
To ensure
that the pumping of new wells does not significantly impact the performance
of existing wells and effectiveness of wastewater disposal systems;
(4)
To collect
data and information about the groundwater resources of Harmony Township
in order to determine the potential and limits of groundwater supplies
for existing and new uses; and
(5)
To ensure
that prior to issuance of a certificate of occupancy (CO) or the issuance
of a continuing certificate of occupancy (CCO), any well regulated
hereunder providing water for human consumption to any realty improvement
shall be given, at a minimum, a nitrate and bacteriological test and
to assure that a copy of this analytical report shall be made available
to the prospective buyer or lessee of the realty improvement.
The following standards and codes are incorporated
and adopted herein by reference:
A.
Standards as promulgated
by the New Jersey Department of Environmental Protection regulating
water supplies in N.J.A.C. 7:9D, "Well Construction and Maintenance;
Sealing of Abandoned Wells," N.J.A.C. 7:9E, "Private Well Testing
Act Rules," and N.J.A.C. 7:10, "Safe Drinking Water Act," are incorporated
herein by reference and shall constitute minimum standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The standards
of the Realty Improvement and Sewerage and Facilities Act, N.J.S.A.
58:11-23 et seq., and of the Safe Drinking Water Act, NJ.S.A. 58:12A-1
et seq., and of regulations promulgated thereunder are incorporated
herein by reference and shall constitute minimum standards.
C.
In the case of
conflict between the cited statutes and this chapter, the more stringent
standards shall govern.
As used in this chapter, the following terms
shall have the meanings indicated:
Any physical change in a well, including without limitation,
deepening, modification or removal such that there will be a change
in its size, construction, configuration or installation, or an increase
in the pumping capacity of the well. "Alter" shall be construed accordingly.
Specifically excluded from this definition is the replacement of pumps
and the installation of pitless adapters.
The distance between static-water level and 10 feet above
the pump intake level, as measured from the same datum (e.g., top
of well casing).
Any room within a dwelling unit, furnished or unfurnished,
which may reasonably be expected to provide sleeping quarters for
one or more persons. The term "bedroom" shall be considered in the
absence of any evidence to the contrary to include any room on the
second or third floor, and any room on the first floor which has no
through traffic, except those which are designed and specifically
constructed to access a common living space, such as kitchens, dining,
or living rooms. The term "bedroom" shall include any room or rooms
within an expansion attic.
A written statement by the Township Committee or its representative
that the water supply for the realty improvement is in compliance
with the New Jersey Realty Improvement and Facilities Act, N.J.S.A.
58:11-23 et seq., and the New Jersey Safe Drinking Water Act, N.J.S.A.
58:12A-1 et seq., the regulations promulgated thereunder, and the
requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A pumping test of the well in question, conducted so that
the water level (pumping level) remains constant over the test duration.
A pumping test of the well in question, conducted so that
the discharge rate remains constant over the test duration.
The drilling, building, assembly or installation of a new
groundwater supply system or the enlargement of any existing groundwater
supply system by alteration to the existing system.
The distance between the static water level and the declining
water level in a well, due to the pumping of the subject well or a
nearby well.
The amount of drawdown on an observation well resulting from
the commencement of pumpage from a nearby well.
A pumping test conducted to determine the interference effects
on one or more selected observation wells, resulting from pumping
a subject well.
A well installed specifically for the purpose of groundwater
resource and quality assessments (i.e., nonsupply well).
A well utilized to obtain water level measurements (e.g.,
existing residential supply well).
The total volume of water, in gallons, required during each
period of peak demand.
The average pumping rate of water from a well, measured in
gallons per minute (gpm), during peak demand periods.
A pumping test conducted to determine if the subject well
can supply the water needed by the realty improvement during times
of peak water demand.
The duration of time, in minutes, during which the peak demand
rate is exerted on a well and is the peak demand load (measured in
gallons) divided by the peak demand rate (measured in gpm).
Any water used or intended to be used for drinking or culinary
purposes.
Any person who has received a baccalaureate or post-graduate
degree in hydrogeology, geohydrology, geology, engineering or soil
science and has at least five years of appropriate professional experience
in groundwater hydrology. Applicants submitting a well test plan and/or
hydrogeologic report shall be required to submit evidence of the credentials
of the associated qualified hydrogeological professional.
Any existing or proposed building or modification thereof,
the useful occupancy of which requires a water supply system. Each
dwelling unit in a multiple dwelling shall be construed to be a separate
realty improvement.
To fix, refurbish or replace one or more components of a
water supply in a manner that will restore and preserve the original
location, potability, construction and installation of the system
while not increasing water supply capacity.
Any well intended to replace an existing well when the existing
well no longer produces an acceptable quantity or quality of water.
A replacement well is not a supplemental well installed to increase
the water supply for a given realty improvement.
The distance between the pumping water level in a well and
10 feet above the pump intake level for that well, as measured from
the same datum (e.g., top of well casing) and measured at a specific
time.
The water level in the well either before or after pumping
when all local pumping effects on the aquifer have dissipated and
the water surface in the well is in equilibrium with atmospheric pressure.
A well used to prove groundwater supply development viability.
Said well may be constructed in a manner which allows it to be subsequently
used as a groundwater supply if so approved.
A man-made excavation that derives water from the fractures
or interstices of the rocks or soils which it taps.
Undertaking the activities as defined as "construct a well"
hereinabove.
The flow of groundwater into a well from the aquifer following
the cessation of pumping and the corresponding rise of the water level
in the well.
The plan of well testing proposed by an applicant submitted
for approval by the Township Committee or its representative prior
to the testing prescribed by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The maximum rate at which water can be pumped for a long-term
duration from a well under normal hydrological conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall locate, construct or alter any
water supply until a license or permit for the location, construction
or alteration of said water supply has been issued by the Township
Committee or its representative.
A.
The Township Committee or its representative may issue a license or 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. (See § 489-14A for fee.)
B.
A state well permit shall be a prerequisite to the issuance of any well permit by the Township Committee or its representative under the terms of this chapter. No person shall locate, construct, replace or alter any well within Harmony Township until a permit for the location, construction or alteration of such well has been issued by the Township Committee or its representative. Repairs require well permits from the Township Committee or its representative. (See § 489-14B for fee.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to use, all new or altered wells constructed
in Harmony Township must be certified and approved by the Township
Committee or its representative. Certification shall be contingent
upon the successful conclusion of all well testing prescribed by this
chapter. All tests for which a well test plan must be approved by
the Township Committee or its representative may be conducted only
after such approval. All well test results must be satisfactory to
the Township Committee or its representative.
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 Township Committee or its representative
shall have issued a certificate indicating that said water supply
has been located and constructed in compliance with the terms of the
license or 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 Township Committee
or its representative 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 Township Committee
or its representative that said water supply has been located and
constructed in accordance with the terms of the license or permit
and the requirements of the aforesaid code.
A.
The requirements
contained in this chapter are applicable to all new well construction
and to all alterations of existing wells in all areas of Harmony Township
and require application to the Township Committee or its representative
for the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Repair or replacement
of existing individual single-family dwelling wells not increasing
supply capacity require only certification of potability tests in
accordance with N.J.A.C. 7:10-12.30.
C.
All applications
shall be made on forms provided by the Township Committee or its representative
and shall include all the data as specified by this chapter and by
N.J.A.C. 7:10-12.1 et seq. and N.J.A.C. 7:9D et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
All applications
for newer altered well systems shall include a plot plan (with an
approximate scale) showing the location measured from at least two
property or main structure corners, of all new wells, all preexisting
wells, all existing subsurface disposal areas and all soil test points
(e.g., percolation test pits) for potential subsurface disposal areas.
All identified preexisting wells and existing subsurface disposal
areas shall include those on adjoining properties that are located
within 100 feet of the subject property. Such applications shall also
include the technical specifications of all new wells as recorded
in properly executed Form DWR-138, Well Record, as issued by the New
Jersey Department of Environmental Protection.
E.
The foregoing
notwithstanding, the requirements of this chapter shall not apply
to any new construction for which a construction permit was issued
prior to the effective date of this chapter and shall not apply to
subdivisions of land solely for the purpose of merger or boundary
adjustment.
A.
Existing residential
realty improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Capacity of
well not increased. certification of repaired, altered, or replacement
wells for existing residential units requires Township Committee or
its representative approval of potability tests in accordance with
N.J.A.C. 7:10-12.30.
(2)
Capacity of well to be increased. In addition to the potability testing required in § 489-7A(1) above, the results of peak demand tests, as required in accordance with § 489-10C of this chapter, shall be approved by the Township Committee or its representative in those cases where the capacity of the well is to be increased.
(a)
Increase
due to an increase in living space. In those cases where the capacity
of the well is to be increased by less that 50%, no peak demand test
shall be required. For the purposes of this calculation the following
rates of demand shall be as follows:
|
Type
|
Rate
(gallons per day)
|
|---|---|
|
Minimum volume per dwelling unit
|
350
|
|
Minimum volume per apartment unit
|
350
|
|
Volume first bedroom
|
200
|
|
Volume each additional bedroom
|
150
|
(b)
Increase due to an increase non-living-space generated demand. In those cases where the capacity of the well is to be increased by less than 20%, no peak demand test shall be required. For the purposes of calculation of existing flows, the volumes set forth in Subsection A(2)(a) above that are to be used in determining all living-space-related demand and the actual projected demand for other uses shall be determined in a manner acceptable by the Township Committee or its representative.
B.
Existing undeveloped
lots.
(1)
No construction permit shall be issued for realty improvements proposed on an existing lot until the well to serve the lot has been certified. The well must fulfill the requirements of an approved well test plan and the pump tests described in § 489-10 of this chapter. For those lots to be developed with water uses solely for living space usage, the pump tests may be waived, provided the proposed well is located the following distance from all adjoining wells and the well is demonstrated to have a yield of at least five gallons per minute.
(2)
The following
minimum separation distances from existing wells and septic systems
on neighboring properties shall be utilized in the selection of locations
for new residential wells intended for use at the rates indicated:
|
Tapped Aquifer
|
Minimum Separation Distance in Feet for
Rates of 5 gpm or Less
|
Minimum Separation Distance in Feet for
Rates of Greater than 5 gpm and Equal to or Less Than 10 gpm
|
|---|---|---|
|
Overburden
|
140
|
190
|
|
Crystalline bedrock
|
240
|
270
|
|
Carbonate bedrock
|
240
|
270
|
C.
Minor subdivisions and minor site plans. A minor subdivision or site plan application shall include a well test plan approved by the Township Committee or its representative. The well test plan shall include the information and data specified in § 489-8A(1), (2), (3) and (6).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Major subdivisions
and site plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Applications for preliminary major subdivision and preliminary site plan approval shall include the hydrogeological report specified in § 489-8, prepared by a qualified hydrogeological professional, and shall include the results of pumping tests as outlined in § 489-10 and 11. A well test plan shall be approved by the Township Committee or its representative before such tests are conducted. In connection with the well tests, the applicant shall install, as necessary, a monitor well or wells in accordance with the approved well test plan. One or more existing wells (e.g., adjoining property residential supply well) may be used as observation wells in lieu of the installation of new well for the purpose of measuring water levels, contingent upon the respective distance.
(2)
In the event that the well in question is not intended as the sole supply for the proposed major subdivision, then each additional (either supplemental or individual) well may be required by the Township Committee or its representative to be tested, as outlined in § 489-10 and 11, before the subdivision is approved. Such decision by the Township Committee or its representative will be contingent upon the lot configuration and hydrogeologic variability of the proposed subdivision.
A.
A hydrogeologic report for the proposed developments described in § 489-7C and D shall be prepared by a qualified hydrogeological professional, provided to the Township Committee or its representative and initial homeowner, and shall include:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
A discussion
of the hydrogeology of the site and the environs affecting or being
affected by the site, including the location of any potential fractures
or faults;
(2)
The location
and construction specifications for the proposed wells and subsurface
disposal systems;
(3)
The location
of all active or abandoned septic disposal areas and the location
of all soil tests for proposed subsurface disposal areas within the
subdivision boundaries;
(5)
The subject
test well shall be tested, at a minimum, for nitrate and bacteria
to determine existing concentrations, if any, to plan for the proper
construction of the subsurface disposal system; and
(6)
A summary
projection of the hydrogeological impact including nitrate and bacteria
as described above, that may be caused by the proposed subdivision,
and an outline of all measures that will be employed to minimize adverse
impacts on the underlying aquifer(s).
B.
As a basis for
the required study, an adequate number of wells (e.g., monitor, observation)
shall be utilized. The proposed number, location and depth of these
wells must be indicated on a well test plan approved by the Township
Committee or its representative prior to their installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
To be considered
adequate, the number and location of proposed wells shall address
at a minimum each of the identified groundwater-bearing formations
intended to be used as a water supply, and the possibility of interference
with existing wells and wastewater disposal systems on immediately
neighboring properties.
All wells constructed within Harmony Township
shall conform to the regulations for the construction of nonpublic
and noncommunity wells, as promulgated by the NJDEP, except that:
A.
Well casings shall
extend to a minimum of 20 feet into unweathered bedrock.
B.
Placement of the
pump shall not be less than 20 feet below the depth of the water level
measured at the end of a successful peak demand test and not less
than 10 feet above the bottom of the well.
C.
No new or replacement
well increasing capacity shall be certified unless it is equipped
with a permanent water level access tube, installed with the permanent
pump, to facilitate measurement of the water level in the well. The
tube (e.g., plastic pipe, polypipe) shall extend from the rim of the
well casing to, at least, the top of the pump. The internal diameter
of the tube must be large enough to accommodate commonly used, electronic
water level measurement probes (i.e., minimum inside diameter of one
inch).
D.
Repair or same
capacity replacement wells are exempt from this requirement.
A.
General requirements.
The capability of a well to meet the peak demand and the total daily
requirements of the realty improvement it serves shall be evaluated
through a three-part pumping test. The well must pass the peak demand/constant
rate portion of the test as required for the size and use of the realty
improvement to be supported by the well. The results of the subsequently
conducted, constant head portion of the pumping test shall be used
to determine whether the aquifer can support the long-term needs of
the realty improvement. The well recovery portion of the test provides
additional data about the suitability of the well for extended use
relative to the local yield of the aquifer. Observation well measurements
during these tests provide interference information.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
All well
tests shall be conducted under the direction of a qualified hydrogeologic
professional, by a well driller, or a pump installer, duly licensed
under the laws of the State of New Jersey, who shall certify the results
to the Township Committee or its representative. All test results
shall be recorded on Harmony Township well testing report forms issued
by the Township Committee or its representative.
(2)
The Township
Committee or its representative reserves the right to witness all
well tests. A minimum of two working days of advance notice shall
be provided to the Township Committee or its representative. The Township
Committee or its representative reserves the right to allot testing
dates in cases of scheduling problems.
B.
General technical
requirements. The three-part well test shall be performed in one continuous
operation as specified in this chapter. The well must be at its static
level at the beginning of the test (i.e., the water level in the well
has to have been undisturbed for at least 12 hours before testing).
If pumping or the test sequence is interrupted, the test must be started
over, following a minimum recovery of 90% of the pretest static water
level.
(1)
Pumping rates
shall be measured with either an in-line water meter, or by timing
the collection of a standard volume from the discharge, or by use
of a circular orifice pipe. Flow rates must be adjusted by throttling
an in-line valve. The method used shall be identified on the Harmony
Township well testing report forms issued by the Township Committee
or its representative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The pumped
water must be channeled away from the well head and discharged a minimum
distance of 100 feet away to minimize direct recharge of the well
during the test. Water pumped during the test may be discharged to
waste at a shorter distance if it is immediately routed to a moving
surface water body (e.g., a stream) or a non-retention-type stormwater
system of adequate capacity.
(3)
The water
level in the well must be measured reliably during the test, at a
minimum, to the nearest 0.1 of a foot from a fixed point (typically
from the top of the well casing). Air lines may not be used for water
level measurement purposes, unless previously approved by the Township.
C.
Peak demand test.
(1)
General requirements.
The peak demand test shall be a constant rate pumping test used to
determine whether the well can supply the water needed by the realty
improvement during times of peak water demand. The peak demand test
shall demonstrate that well storage plus aquifer recharge during the
peak demand time at least equals the peak load required for the realty
improvement to be serviced by the well. If the results of the peak
demand test are unsatisfactory, either modifications to the well characteristics
or the usage characteristics of the realty improvement shall be made,
or the well shall be abandoned and sealed in accordance with the requirements
of N.J.A.C. 7:9D-3.1 et seq.
(2)
Test protocol.
(a)
The well
shall be pumped constantly at least at the peak demand rate for at
least the peak demand time. The peak demand rate for residential use
equals three gpm for each full bathroom, plus 1.5 gpm for each half
bath. The peak load equals 100 gallons for each bedroom (which equals
1/2 of the daily demand volume) plus, if appropriate, the daily design
application for proposed lawn irrigation systems (expressed in gallons
per day), and the peak demand time equals the time required to deliver
the peak load at the peak demand rate:
|
Peak load (gallons)
|
|
Peak demand time (minutes) =
|
|
Peak demand rate (gpm)
|
(b)
The peak
demand rate of nonresidential use equals 2.0 gpm for each major water
supply fixture (e.g., flush toilet, shower head, bathtub, dishwasher,
laundry unit, water-cooled air conditioner, etc.) plus, if appropriate,
the instantaneous application rate for proposed lawn irrigation systems
(expressed in gallons per minute), as proposed for the served nonresidential
facility; the peak load equals 1/2 of the minimum daily water requirements
according to N.J.A.C. 7:10-12.7, and the peak demand time equals the
time required to deliver the peak load at the peak demand rate.
(c)
The water
levels shall be measured and recorded, at a minimum, once every five
minutes during the test. During the test, the water (pumping) level
in the well must not be drawn down at any time during the test to
a depth of less than 20 feet above the pump intake. A measurement
of the water level in the well shall be made immediately before initiating
the subsequent constant head portion of the pumping test.
D.
Constant head
pumping test.
(1)
General requirements.
(a)
The constant
head pumping test shall be used to determine whether the recharge
from the aquifer is sufficient to meet the long-term use of the well.
(b)
For nonresidential
or multiresidence realty improvements, the minimum water requirements
of N.J.A.C. 7:10-12.7 govern, and each one-hundred-fifty-gallon-per-day
requirement or fraction thereof shall be considered equivalent to
one bedroom for the purposes of the constant head pump test. An additional
well yield of 0.5 gpm shall be required for each bedroom equivalent
for nonresidential use.
(2)
Test protocol.
The constant head portion of the pumping test shall immediately follow
the peak demand portion of the test without interruption. The discharge
rate shall be throttled so that the water level measured in the subject
well immediately prior to termination of the peak demand test is maintained
for a minimum of four hours and a maximum of 12 hours. This level
is not to vary by more than 0.5 feet. The pumping rate shall be determined
at ten-minute intervals during this time. If the rate has not varied
significantly by more than 0.1 gallon per minute for at least the
last hour, the aquifer-to-well recharge rate shall be determined to
be equal to the measured pumping rate. If the pumping rate coincident
with the stabilized water level is less than the flow needed to meet
the daily demand volume, then the well fails this portion of the test.
E.
Well recovery
test.
(1)
Immediately
following the constant head portion of the three-part pumping test,
the water level in the subject well shall be measured and recorded
until it has recovered to within at least 90% of the pretest static
water level, or for four hours, whichever occurs last. Water levels
shall be measured once every five minutes for the first hour of recovery,
and once every 30 minutes for the remaining duration.
(2)
Failure of
a well to recover to within 90% of the pretest static water level
within a twenty-four-hour period raises doubts about the reliability
of a long-term water supply developed from the well at the utilized
test rate or any greater rate. Under such conditions, the applicant
shall either propose and provide technical support for the use of
the well at a lower rate (possibly including the completion of a second
pumping test at the lower rate), or install and test in a similar
manner an alternative supply well.
A.
New wells in
proximity to existing supply wells.
(1)
For the well interference determination required by § 489-7D of this chapter, any well existing within 1,000 feet of the new well may be used as an observation well to determine well interference.
(2)
The applicant
for well certification shall notify all owners of real property whose
wells are located within 1,000 feet of the proposed new well of the
impending well tests. This notification shall be by certified mail
on forms available from the Township Committee or its representative,
and at least two weeks prior to the actual tests. The owners of the
closest wells (one per directional quadrant), so notified, may request
monitoring of their well at the applicant's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
To qualify
as an observation well, pumping of the proposed observation well must
either be ceased for at least three hours before the beginning of,
and throughout, the test sequence, or an automatic, continuous water
level monitoring and recording device must be installed and remain
in the well immediately prior to, and throughout, the test period.
(4)
The water
levels of utilized observation wells shall be measured and recorded
at least once every 1/2 hour, beginning one hour before the peak demand
test and continuing until completion of the recovery portion of the
pumping test of the new well.
(5)
If the drawdown
in any observation well during the pumping test of the new well results
in the following: A reduction of the residual available drawdown of
the observation well by 20 feet or more, based on its respective peak
demand operation, or a lowering of the nonpumping water level in the
observation well to within 100 feet of the existing pump-intake setting
or the bottom of the existing water level access tube, the well interference
shall be considered significant. As such, the proposed supply well
shall not be certified unless the applicant demonstrates to the satisfaction
of the Township Committee or its representative that the interference
can be established as to not limit the existing and future use of
the observation well, or remedied or made otherwise not significant.
The applicant may opt to install one or more monitor wells to use
as observation wells in the event that access to supply wells at adjoining
properties is denied. The locations and construction of such wells
must be approved by the Township prior to installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Multiple well
water supply systems, If the use of more than one well for provision
of the water supply for a realty improvement is proposed, the number
of wells must be capable of 100% redundancy for providing sufficient
water supply for the realty improvement, and interference testing
between all wells proposed for the system is mandatory.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In case any license or permit or certification
required by this chapter is denied by the Township Committee or its
representative, 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 Township Committee or its representative shall affirm,
alter or rescind its previous determination and take action accordingly
within 15 days after the date of such hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township Committee or its representative
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.
The following fees and charges are herewith
established:
A.
For the filing
of an application and plans for a license or permit to locate and
construct a water supply: $250.
B.
For the filing
of an application and plans for a license or permit to alter to increasing
water supply capacity to an existing water supply: $250.
C.
For the filing
of an application and plans for a license or permit to repair or replace
an existing water supply without increasing capacity: $25.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this chapter shall, upon conviction hereof, be subject to the penalty provisions in Chapter 1, Article II, General Penalty, of the Code of the Township of Harmony. Each day a particular violation continues shall constitute a separate offense.
If any provision of this chapter or the application
thereof is held by any court of competent jurisdiction to be invalid
or unenforceable, such invalidity or unenforceabiity shall not affect
the other provisions of this chapter.
