[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 282.
The purpose of this article is to provide a
means of regulating the use of water when, in the opinion of the Township
Committee, a serious problem exists as to the adequacy of the water
supply and pressure within the Township.
A.Â
In the event of such a situation, the Township may
convene in special emergency session and, by resolution, enact regulations
of the use of water in the Township to essential purposes only, which
for purposes of this article shall be defined as cooking and sanitary
needs.
B.Â
The Township Committee may prohibit the use of nonessential
uses, which for purposes of this article shall include, but not be
limited, to the filling of swimming pools, the washing of automobiles,
the watering of gardens and lawns, and the use of water in general
outdoor maintenance.
Anyone found in violation of regulations imposed
by the Township Committee may be liable for a fine not to exceed $100
for each violation.
As used in this article, unless a different
meaning clearly appears from the context, the following words shall
have the following meanings:
Any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes or occupancy by persons,
whether temporary or permanent, or in which water is used for human
consumption or otherwise.
When used with respect to a building constructed prior to
the date of initial operation of a water line available to serve said
building which is owned or operated by the Township or by a private
utility authorized to do business in the Township of Little Egg Harbor,
shall mean the 180th day next ensuing after the water line is available
to serve said building. Any building built after the date when a water
line is available to serve said building shall connect to such water
line at the time such construction is completed and prior to occupancy.
All new construction inclusive of homes or buildings moved
on to a site or lot shall connect to the municipal water supply system
within 45 days after notice that such water supply system is available
to the premises. All existing homes or structures for which a certificate
of occupancy has been issued prior to the adoption of this article
shall connect to the municipal water supply system within two years
of the date of the adoption of this article.
The Township of Little Egg Harbor.
Any pipe or conduit designed or used for the transmission
of potable water within the Township, whether owned and operated by
the Township itself or any regulated public utility authorized to
supply water for domestic and other purposes within the Township of
Little Egg Harbor.
The owner of any building or lot which the Department
of Environmental Protection has declared in writing to the Township
of Little Egg Harbor to have been adversely affected by hazardous
substances emanating from toxic spill and which has upon it, for use
in connection with domestic or nondomestic purposes, a well or wells,
the water of which either has been contaminated or is exposed to a
high potential of contamination, shall do the following when a public
water supply is made ready and available for hookup in the street
upon which said lot or building in the designated area fronts or within
any distance of said lot or building in the designated area:
A.Â
Cap and fill, so as to permanently destroy any water-producing capacity of any well located upon said premises, whether used for domestic or nondomestic purposes, within 30 days after such time as public water, as referred to in Subsection B below, has been hooked up to said building or within 60 days of notice received to hook into said public water supply as hereinafter set forth, whichever first occurs. All wells shall be permanently disconnected from all houses, buildings and uses. The NJDEP and the Township of Little Egg Harbor shall determine which wells will solely be sealed so that access is available for future monitoring of the water. Property owners shall not have any discretion or ability to influence which wells are selected. The owner of any building which has been hooked up to a public water supply prior to the effective date of this article shall comply with the terms and conditions of this article within 30 days of the effective date, unless the time is otherwise expended in writing by the Township.
B.Â
Hook into the public water supply so that said public
water supply shall be used for all domestic purposes, dwelling purposes
or for any other purpose within 60 days of notice being given to said
owner. Nothing contained in this subsection shall prevent the use
of said public water supply for uses other than domestic.
The owner of any new home or building containing public facilities, either constructed or moved to a new lot within the Township of Little Egg Harbor, shall connect to the municipal or public water supply system within 45 days after notice that such water supply system is available to the premises. All existing homes or structures for which a certificate of occupancy has been issued prior to the adoption of this article shall connect to the municipal water supply system within two years of the date of the adoption of this article. This shall not affect or apply to any property being covered by the conditions described in § 333-5 above.
Every connection required by this article shall
comply in all respects to the Plumbing Code of the Township of Little
Egg Harbor, the Uniform Construction Code or such other code, ordinance
or statute as shall be in force and effect at the time connection
is required.
Upon receipt by the Township Committee or its designee of notification from the Little Egg Harbor Township MUA or any private utility authorized to do business in the Township that any water line is available to serve building on any properties in the Township as described in § 333-5 above, the Township Committee or its designee shall order each owner of a building or of a lot to connect each building on such property and the lot, or either, with the said water line in accordance with the terms of this article.
The Township shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 333-8. Such notice shall be addressed to the owner of said property as the name of the owner appears in the last tax duplicate of the Township of Little Egg Harbor and shall describe the property by lot and block designation as the same appears in the tax map of the Township and by the street address if a street address exists. The notice shall state that by order of the Township the owner is required to connect each building on said property with the water line and cap and fill any well located on the property in accordance with the terms of this article on or before the connection date with respect to such building, or if such connection date shall have passed, within 30 days after service of such notice has hereinafter provided, and said notice shall also describe the penalty which may be imposed hereunder for failure to comply with said notice and order in accordance with the terms of this article. Said notice may also be served within or without the limits of the Township by mailing the same by certified mail to the last known post office address of said owner as the same appears on the last tax duplicate of the Township. Said notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years.
A.Â
In the event any person, corporation, partnership or other entity (hereinafter "person") shall not have connected the building or buildings on his or its property to an available water line after the connection date and after the thirty-day notice sent to such person under § 333-9 of this article, such person shall, upon conviction thereof, be fined $250; plus an additional fine of $25 shall be imposed for each day the violation shall have existed per the terms of this article.
B.Â
In the event any person shall not cap and fill or
permit the Township or its duly authorized agency to cap and fill
so as to permanently destroy any water-producing capacity of any well
located upon private premises as otherwise required in this article,
such person shall, upon conviction thereof, be fined $250; plus an
additional fine of $25 shall be imposed for each day the violation
shall have existed for the term of this article.
C.Â
In no event shall either Subsection A or B above be construed so as to preclude the Township, the State of New Jersey or any of their duly authorized subdivisions, agents, servants or employees from seeking appropriate administrative and/or other legal remedy which would require the owner to comply with this article and/or to seek such other relief as the ordinances of the Township, the statutes of the State of New Jersey or the case law of the State of New Jersey may permit, including reimbursement of out-of-pocket expenses and reasonable attorneys' fees.
The Little Egg Harbor Municipal Utilities Authority
shall have the authority to enforce all the provisions of this article.
This power shall include but not be limited to the authority to enforce
the requirements for connection to the municipal sewer as well as
the municipal water system.
