[Added 9-8-2009 by Ord. No. 09-52]
A. Water conservation guidelines for all users, including residential, commercial, academic and municipal properties and parks and recreation fields. Except as may be further restricted in accordance with §
556-33.2B below, the use of water within the Township of Bloomfield, regardless of the source of water (public or private) shall conform to the following:
(1)
All citizens shall be urged to observe indoor conservation measures
at all times; and
(2)
Water use restrictions.
(a)
Lawn watering:
[1] Properties may only water lawns two days out of
the seven days in the week;
[2] Watering shall only be conducted between the hours
of 5:00 p.m. and 9:00 a.m.; and
[3] The watering of any single area shall not exceed
30 minutes per day.
(b)
Flowers and shrubs may be watered, as needed, with a hand-held
hose equipped with an automatic shutoff nozzle.
(c)
Vehicles may be washed any day with a hand-held hose equipped
with an automatic shutoff nozzle.
(d)
Lawn watering is not permitted while it is raining or on days
when it has already rained for 30 minutes or longer.
(e)
Per New Jersey P.L. 2000, c. 107 (see N.J.S.A. 52:27D-123.13), operational automatic rain sensor devices are required for all sprinkler/irrigation systems installed after September 8, 2000, to ensure that watering does not occur dining periods of rain. In addition, all sprinkler/irrigation systems installed prior to September 8, 2000, should be equipped with an operational automatic rain sensor because, in accordance with Subsection
A(2)(d), watering is not permitted while it is raining or if it has already rained for 30 minutes or longer on that day.
(f)
Violators of these guidelines and requirements are subject to fines as described in Subsection
C, Penalties.
(g)
Restrictions identified in §
556-33.2B shall supersede those identified in this chapter when the Bloomfield Township Council declares a declaration of water emergency.
(h)
State of New Jersey requirements shall supersede when more stringent
than Township of Bloomfield water conservation guidelines.
B. Enforcement of water conservation guidelines. The water use restrictions and automatic rain sensor requirement imposed pursuant to this section shall be enforced by local authorized officials, including but not limited to the Health Department, the Police Department and code officials. Whenever there is a violation of the water use restrictions, regardless of the source of the water (public supply or private well), such official shall give the violator a written warning and explain the penalties for a second and third offense as provided in Subsection
C, Penalties. The Township 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 officials are hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this section.
C. Penalties. After a warning for a first offense in accordance with Subsection
B above, any person or business that thereafter violates the water use restrictions imposed pursuant to this section shall be subject to a fine of not less than $25 nor more than $2,000, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the judge imposing the same, for each subsequent offense in the calendar year.
D. Exemptions. Restrictions in Subsection
A above do not apply to the following:
(1)
Commercial crop and sod farms and nursery stock at nurseries
or retail outlets and commercial golf courses.
(2)
Outdoor irrigation necessary for one day only where treatment
with an application of chemicals requires immediate watering to preserve
an existing landscape or to establish a new landscape.
(3)
Outdoor irrigation necessary for the establishment of newly
sodded lawns or landscaping within the first 21 consecutive days of
planting.
(4)
Visually supervised operation of watering systems by a State
of New Jersey licensed irrigation contractor for short periods of
time to check system condition and effectiveness.
(5)
The use of reclaimed water for beneficial reuse (RWBR), as approved
in a New Jersey pollutant discharge elimination system permit pursuant
to N.J.A.C. 7:14A-1 et seq., and any conditions appertaining thereto.
[Added 9-8-2009 by Ord. No. 09-52]
A. Declaration of water emergency.
(1)
A water emergency shall be declared upon action by resolution of the governing body. Whenever the Township Engineer, or, in their absence the Township Administrator, in their professional judgment, finds that emergency conditions exist within the Township, they shall recommend to the Bloomfield Township Council that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in Subsection
B below are appropriate. Factors which the Township Engineer may consider in making said recommendation include, but are not limited to, the following:
(a)
Lack of precipitation for an extended time period;
(b)
Below-average water levels in municipal streams or other surface
water bodies;
(c)
Administrative actions taken by the Delaware River Basin Commission
in relation to stream flows in the Delaware River;
(d)
Declaration of a water emergency by the Governor;
(e)
Declaration of a water emergency by a surrounding Township or
municipalities;
(f)
Designation by the New Jersey Department of Environmental Protection
of a drought watch or drought warning condition;
(g)
Below-average water levels in wells monitored by the United
States Geological Survey, New Jersey Geological Survey or other wells
monitored by agencies of the United States or New Jersey;
(h)
Evidence of low or dirty water yields in private wells in the
Township; or
(i)
Declaration of a water emergency resulting from infrastructure
failure or any other safe drinking water emergency issues.
(2)
Upon receiving such a recommendation, the Township Council may
accept the Township Engineer's recommendation and findings, or any
portion thereof, and adopt a resolution declaring a water emergency
in the Township.
(3)
Such resolution shall be adopted by the Township Council at any regular, special, adjourned or emergency public meeting of the Township Council. Such resolution shall specify which of the water use restrictions, if any, contained in Subsection
B below are being imposed. Such resolution shall be effective immediately upon publication and shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in Subsections
C and
D below.
B. Water use restrictions. Upon adoption by the Township Council of a resolution declaring that a water emergency exists in the Township in accordance with Subsection
A:
(1)
All citizens shall be urged to observe voluntary indoor conservation
measures; and
(2)
Water uses and restrictions, including, but not limited to,
the following, may be included in a water emergency resolution:
(a)
The watering of all plant growth, except commercially grown
food crops, sod at commercial sod farms and golf courses and nursery
stock at nurseries or retail outlets;
(b)
The washing of vehicles, except for emergency vehicles and by
a commercial enterprise whose primary function is car washing, regardless
of whether the operation is mobile or stationary or in those instances
where a threat to public health may exist;
(c)
The washing of driveways, sidewalks, decks, patios or paved
areas;
(d)
The serving of water in restaurants, clubs or eating places
unless specifically requested by patrons;
(e)
The use of fire hydrants by fire companies for testing fire
apparatus and for fire department drills, except as the Municipal
Fire Chief deems necessary in the interest of public safety;
(f)
The use of fire hydrants by municipal road departments, contractors
and all others, except as necessary for fire-fighting or protection
purposes;
(g)
The use of water for all outdoor recreational purposes;
(h)
The washing of outside of dwellings, buildings or other structures,
except windows;
(i)
The operation of any ornamental fountain or other structure
making a similar use of water, except as necessary to preserve or
support fish and aquatic life;
(j)
The washing of streets via a street sweeper, except in those
instances where reclaimed water for beneficial reuse (RWBR) is authorized
under a valid New Jersey Pollutant Discharge Elimination System (NJPDES)
Permit;
(k)
Any other water use activity specified by the Township Council in the resolution required by Subsection
A above which is reasonable under the circumstances considering the nature and extent of the water emergency.
(3)
The following restrictions may be imposed on the water uses stated in Subsection
B:
(a)
Limiting or restricting all outdoor water;
(b)
The watering of any single area shall not exceed 30 minutes
per day or longer while raining; and
(c)
Any other restriction specified by the Township Council which
is reasonable under the circumstances considering the nature and extent
of the water emergency.
(4)
Any water use restriction imposed pursuant to this subsection
may be amended by the Township Council to add, alter or delete any
restriction in this subsection at any time during the water emergency.
Said amendment shall be by resolution of the Township Council.
(5)
Any water use restriction imposed pursuant to this subsection
shall apply equally to both users of privately owned wells and users
served by a public water system.
(6)
Nothing in this subsection shall be read so as to prohibit,
restrict or limit water usage where a bona fide health emergency exists.
C. Duration of water emergency. Whenever the Township Engineer, or, in their absence the Township Administrator, in their professional judgment, finds that the emergency drought conditions in the Township have abated prior to the expiration of the time period specified in the resolution, they shall recommend to the Township Council that the water emergency cease. Upon such a recommendation to cease, the Township Council may adopt a resolution declaring the water emergency ended and the water use restrictions identified in Subsection
B inapplicable. Otherwise, at the end of the time period specified in the original resolution, the water use restrictions identified in Subsection
B shall lapse and be inapplicable and unenforceable.
D. Extension of water emergency time period. If, at the expiration of
the time period specified in the resolution, the Township Engineer,
in their professional judgment, finds that the emergency drought conditions
have not abated, they shall recommend to the Township Council that
the water emergency remain in effect. Said recommendation shall specify
the duration of the extension. Whenever the Township Council has received
such a recommendation, it may accept the Township Engineer's recommendation
and findings, or any portion thereof, and adopt a resolution to extend
the water emergency. Said resolution shall specify the duration of
the extension, which shall not be for more than 90 days.
E. Notice. Reasonable attempts shall be made to notify citizens and
residents of the Township of the existence of a water emergency, the
restrictions imposed and the penalties for violations.
F. Enforcement of water use restrictions. The water use restrictions
imposed pursuant to this section shall be enforced during a water
emergency by the local authorized official. The local authorized official
is hereby empowered to write summons for the violation of the water
use restrictions imposed pursuant to this section.
G. Penalties. Any person or business that violates the water use restrictions
imposed pursuant to this section shall be subject to a fine for each
offense of not less than $200 nor more than $2,000, imprisonment for
not more than 90 days or a period of community service not exceeding
90 days, in the discretion of the judge imposing the same, for each
subsequent offense in the calendar year.
[Amended 8-11-1975; 3-16-1981]
Where the water has been turned off by the Township
for any reason, no person shall turn it on again without the permission
of the Township Engineer. In case this rule is violated, the Township
Engineer may order that the water be turned off at the curb cock,
in which case the owner shall, before it is again turned on, pay in
advance to the Division of Revenue a charge of $5.
Where Township water is used to supply a steam
engine boiler, its owner must provide a tank of sufficient capacity
to afford a supply for at least 10 hours, into which the service pipe
will discharge. In no case shall the boiler be directly connected
to the service pipe.
No person shall obstruct or interfere with any
curb cock, valve or fixture connected with the Township water supply
by placing in, on or about it building materials, rubbish, soil, snow
or other hindrances to easy and free access thereto.
[Amended 8-11-1975; 3-16-1981]
A. Where premises, for any period, are to be left unoccupied
between November 1 and April 1 succeeding, the Township Engineer must
be notified immediately by the owner so that the water can be shut
off.
B. A fee of $5 shall be paid by the owner if the meter
is removed by the Township and stored.