[HISTORY: Derived from Section 21-1 of the
1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent
amendments noted where applicable.]
Whenever the Township Council shall be satisfied and finds that a water emergency exists in the Township of Hardyston, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the Township of Hardyston affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 179-2 of this article is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 179-3 of this article. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
A.
The public utility providing water service to all
or a portion of the Township of Hardyston has adopted water use restrictions,
has notified the municipality, the New Jersey Board of Public Utilities
and the New Jersey Department of Environmental Protection, as well
as any other state, county or local agency entitled to notice of such
restrictions, and such restrictions are not overruled or declared
invalid by any state, county or local agency having the jurisdiction
and power to do so; or
B.
The Township Council is otherwise satisfied that a
water emergency exists in the Township of Hardyston.
Upon adoption by the Township Council of a resolution declaring that a water emergency exists in the municipality in accordance with § 179-1 of this article, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
A.
The complete ban and prohibition of outside water
usage, including the watering of lawns and plants, the filling of
pools and the washing of cars;
B.
Outside water usage on alternate days allowing outside
water usage by persons or businesses having even house or box numbers
on even days and those having odd house or box numbers on odd days,
with outside water usage being completely banned and prohibited on
the 31st day of any month during the water emergency; or
C.
Any other water use restriction specified by the governing body in the resolution required by § 179-1 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the Township of Hardyston, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the Township Council adopted in accordance with § 179-1 of this article.
The resolution of the Township Council required by § 179-1 of this article shall, in addition to complying with § 179-1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the Township Council shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the Township Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
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, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 179-5 of this article. 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 summonses for the violation of the water use restrictions imposed pursuant to this article.
After a first offense in accordance with § 179-4 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.
[Added 7-19-2011 by Ord. No. 2011-11]
The requirements set forth in this article shall only apply
to those existing dwellings or residences that do not have a potable
water supply and that may include, but not be limited to, seasonal
residents of lake communities.
Except as provided for in § 179-8, all owners of properties without potable wells must complete one of the following three modifications to their existing water supply within 36 months of the enactment of this article:
A.
Have the property serviced through an approved public community (15
or greater connections) or nonpublic (less than 15 connections) water
system.
B.
Installation of an individual well to supply adequate drinking water
to the subject premises. The wells shall be drilled and installed
in compliance with all local, state and/or federal regulations.
C.
Installation of a water treatment system utilizing appropriate technology
which shall appropriately purify the surface water in accordance with
NJDEP guidelines for safe drinking water which the resident(s) of
said property shall be utilizing for drinking purposes. Said system
shall be permitted, inspected and approved prior to its use by the
Township Plumbing Inspector as the local review agency for the Township
of Hardyston. Such systems shall not be permitted for new construction.
A.
The thirty-six-month compliance period specified in § 179-7 shall not apply where the subject property owner(s) attempts to expand the subject premises by way of alterations or additions which result in an increase of square footage. In the event a homeowner performs a reconstruction to his/her dwelling, the compliance requirements specified in § 179-7 shall become the immediate obligation of the homeowner before any permits for said reconstruction(s) is issued by the Township. The acceleration of this requirement shall not pertain to renovations for safety purposes such as installation and/or replacement of door(s), window(s) and/or roofing.
A.
The Township of Hardyston Health Officer shall be the local enforcing
agency within the Township of Hardyston and shall be the agency responsible
for enforcing the requirements of this article. Presently, the Health
Officer for the Township of Hardyston has been designated as the Sussex
County Health Officer.
B.
Plumbing inspection fees, as they relate to water systems installed
within the thirty-six-month time period set forth in this article,
shall be waived.
Any homeowner who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both, within
the discretion of the Municipal Judge. A separate offense may be deemed
committed in each day during or on which a violation occurs or continues.
