[Adopted 10-28-1986 by Ord. No. 86-67 (Ch. 455, Art. I, of the 1990 Code)]
All buildings located upon a street in which the public water-supply main is constructed in the area designated by the State of New Jersey Department of Environmental Protection, identified in § 710-2 of this article, shall be connected with the public water-supply main, and the private water-supply well shall be permanently sealed.
[Amended 4-28-1992 by Ord. No. 92-27; 3-12-2019 by Ord. No. 2019-23]
All private water-supply wells in the following areas shall
be sealed pursuant to the State Department of Environmental Protection's
mandatory contractual requirement, and the City of Vineland shall
contract therefor upon connection of all properties to the Municipal
Water Utility's distribution mains in said areas:
A.
North West Avenue from Weymouth Road to Forest Grove
Road; West Arbor Avenue from N.J. Route 47 (Delsea Drive) to North
West Boulevard; Old Forest Road from North West Avenue to North West
Boulevard; West Forest Grove Road from 1,225 feet west of N.J. Route
47 (Delsea Drive) to North West Boulevard; N.J. Route 47 from West
Forest Grove Road to 1,200 feet north of West Arbor Avenue; North
West Boulevard from West Forest Grove Road to the City limit; West
Weymouth Road from 210 feet west of North West Avenue to North West
Boulevard; Gerow Avenue from West Arbor Avenue to Elty Avenue; Elty
Avenue from Gerow Avenue to Bruun Avenue; Bruun Avenue from Elty Avenue
to West Arbor Avenue; Burnt Mill Road from West Arbor Avenue to Regina
Elena Avenue; Temm Court from Burnt Mill Drive to the cul-de-sac;
Regina Elena Avenue from Burnt Mill Drive to its easterly terminus.
B.
Garrison Road from Delsea Drive to Orchard Road; West
Korff Drive from Garrison Road north to the dead end; Lois Lane from
West Korff Drive west to the dead end; Dirk Drive from West Korff
Drive east to the dead end; West Elmer Road from West Korff Drive
west to the dead end; South Orchard Road from Garrison Road north
to the stream.
C.
The following properties having frontage on North East Avenue, East
Forest Grove Road and/or East Garden Road:
The City of Vineland shall give a hearing on
this article for all persons interested and shall give notice to such
persons of the time and place thereof. The notice shall be served
or published not less than 10 days before the day fixed for the hearing.
If after passage of this article the owner of
any properties affected thereby shall neglect, after notice given
as hereinbefore provided, to make any such connection, the City may
cause such connection or installation to be made under the direction
and supervision of the City of Vineland Water Utility.
Before proceeding to make any such connection
and well sealing, the City shall cause notice of such contemplated
connection to be given to the owner of any properties affected thereby.
The notice shall contain a description of the property affected, sufficiently
definite in terms to identify it, as well as a description of the
required connection and notice that, unless the connection shall be
completed within 30 days after the service thereof, the City will
proceed to make such connection or cause the same to be done pursuant
to the authority of N.J.S.A. 40:63-54.[1]
[1]
Editor's Note: N.J.S.A. 40:63-54 was repealed
by P.L. 1991, c. 53, which law enacted the Municipal and County Sewerage
Act, N.J.S.A. 40A:26A-1 et seq.
A.
The notice may be served upon the owner or owners
resident in the City in person or by leaving it at their usual place
of residence with a member of their family above the age of 14 years,
or if any such owner shall not reside in the City, such notice may
be served upon him personally or may be mailed to his last known post
office address or it may be served upon the occupant of the property
or upon the agent of the owner in charge thereof. Notice to infant
owners or owners of unsound mind shall be served upon their guardians.
When lands are held in trust, service shall be made upon the trustee.
When properties are held by two or more joint tenants, tenants in
common or tenants by the entirety, service upon one shall be sufficient
and shall be deemed and taken as notice to all.
B.
If the owner of any such property is unknown or service
cannot for any reason be made as above directed, notice shall be published
at least once, not less than 30 days before the making of such connection
and well sealing by the City, in a newspaper circulating in the City
of Vineland. There may be inserted in the advertisement notice to
the owner or owners of several different properties.
Proof of service or publication of such notices
shall be filed within 10 days after such service with the officer
having charge of the record of tax liens in the City, but failure
to file the same shall not invalidate the proceedings if service has
actually been made as herein provided.
If notice of the pendency of the ordinance providing
for such connection or installation shall have been given to the person
owning the property affected thereby in the same manner as is provided
in N.J.S.A. 40:63-55 to 40:63-58 and there shall have been a hearing
on such ordinance as provided in N.J.S.A. 40:63-53, then no further
notice need be given, and the City may proceed to make the required
connection.[1]
[1]
Editor's Note: N.J.S.A. 40:63-55 to 40:63-58
and 40:63-53 were repealed, effective 1-1-1992.
A.
When any such connection and well sealing shall be
made, a true and accurate account of the cost and expense shall be
kept and apportioned to the property or properties thereby connected,
and a true statement of such costs under oath shall be forthwith filed
by the City of Vineland Water Utility with the Clerk of the City of
Vineland. The City shall examine the same and, if properly made, shall
confirm it and file such statement with the officer of the City charged
with the duty of collecting taxes. Said officer shall record the connection
charge in the same book in which he records sidewalks and other assessments.
B.
Every such charge for connection and sealing shall
bear interest and penalties from the same time and at the same rate
as assessments for local improvements in the City and, from the time
of confirmation, shall be a first and paramount lien against the respective
property or properties so connected with the public water supply main
to the same extent as assessments for local improvements and shall
be collected and enforced in the same manner. Every officer charged
with the enforcement and collection of assessments for local improvements
is hereby charged with the same duties in regard to the collection
and enforcement of all charges for water collections.
No such charge for water connections or sealing
shall be invalid by reason of any error or omission in stating the
name of the owner or owners of properties affected by such connections,
nor for any other informality, where such property or real estate
has actually been improved by such water connection.
The City may provide for the payment of such
charge upon any property for water connection in installments in the
same manner as assessments for local improvements are payable in installments
in the City, in which case such installments shall bear the same rate
of interest and be collected and enforced in the same manner as are
installments for assessments on local improvements.
