[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 6-10-2008 by Ord. No. 4141-08; amended in its entirety 8-26-2008 by Ord. No.
4150-08. Subsequent amendments noted where applicable.]
Whenever there has been or shall have been established within
the municipal limits of the Township of Toms River a public system
of water supply operated and maintained by the Township or a public
utility which has been granted a franchise to operate within the Township
by the governing body thereof, and in pursuance thereof water supply
mains have been installed in the bed of any street, public or private,
the owners of any and all buildings fronting or located upon such
street or streets shall be required, at their own expense, to make
connections from such buildings to said water supply mains.
As used in this chapter the following terms shall have the meanings
indicated:
Any house or other structure designed for residential, industrial
or commercial use, whether privately or publicly owned, for the normal
use of which the supply of water is required.
A.
Generally. The Township Council shall have the authority, based upon
the furtherance and promotion of the general public health, safety
and welfare, to extend the existing system of public water supply
to areas within the Township not currently served by a public water
system. Prior to making any determination to so extend the public
water system, the Township Council shall, through the Mayor, direct
the Township Engineer to conduct a study which shall include, if practical,
the voluntary testing of private wells within the study area, to determine
whether such an extension would promote the general pubic health,
safety and welfare. Upon completion of said study, the Township Engineer
shall file a written report with the Township Council. Said report
shall identify those areas that are recommended for the provision
of the public water service together with a preliminary cost estimate
for the capital improvement and a specific proposal as to the funding
of the proposed capital improvement including the cost to the individual
property owners within the new service area.
B.
Public hearing.
(1)
Prior to the adoption of any capital ordinance to fund the extension
of the public water supply mains, the Township Council shall conduct
a public hearing on the proposed capital improvement. Notice of said
public hearing shall be published by the Township Clerk in the official
newspaper of the Township at least 10 days prior to the date of the
public hearing. In addition, the Township Clerk shall provide notice
of the public hearing, via certified mail, return receipt requested,
to all property owners situated within the proposed new service area.
The list of property owners shall be prepared and certified by the
Township Tax Assessor. Notice to said property owners shall be deemed
to have been provided upon mailing. The Township Clerk shall prepare
an affidavit of service and file the same with the Township Council
prior to the public hearing. Notice shall also be provided via certified
mail to the franchisee of the public water utility within the Township,
to the State of New Jersey Department of Environmental Protection
to the attention of the Administrator of Water Supply and to the Ocean
County Board of Health.
(2)
At the public hearing, the Township Engineer, or his/her designee,
shall provide a presentation based upon the report initially filed
with the Township Council, which shall identify the new public water
service area, the cost of the proposed capital improvement and the
cost to the individual property owners, including the estimated cost
to run a service line from the main water lines to the building, together
with a method of payment of the same.
(3)
At the conclusion of the public hearing, the Council shall determine
whether public water service shall be made available to the proposed
new public water service area, or any portion of it. Upon such determination,
the Township Council, by resolution, shall direct the Township Attorney
to prepare, or cause to have prepared, a capital bond ordinance, which
shall be the subject of another public hearing as required by general
law, to fund the proposed extension of public water mains.
(4)
Any determination by the Township Council to extend public water
mains shall be subject to agreement between the Township and the public
water utility franchisee, if any, and the obtainment of all required
federal, state and county permits.
When such water supply system in any such street of the Township
is available to furnish water supply, notice shall be given by the
Township or the public utility to all property owners along the lines
of said water supply system to connect their buildings therewith in
accordance with the terms of this chapter.
Said notice shall be addressed to the owner of said property
as the name of said owner appears in the last tax duplicate of the
Township, shall describe the property by lot and block designation
as the same appears on the Tax Map of the Township and by the street
address, and shall state that, by order of the governing body of the
Township of Toms River, the owner is required to connect the building
on said property with the water supply system. Said notice shall inform
the penalty to be imposed for failure to comply with said notice and
order in accordance with the terms of this chapter.
Said notice may be served on the owner personally or by leaving
it at his or her usual place of abode with a member of his or her
family above the age of 18 years if the owner has a place of abode
within the Township of Toms River; or said notice may be served within
or without the limits of the Township by mailing the same by certified
mail, return receipt requested, to the last known post office address
of said owner as the same appears on the last tax duplicate of the
Township.
A.
Time limit for connection. Within 120 days from the delivery and/or mailing of said notice required by § 495-4, the owner shall connect his or her buildings to the water supply system.
B.
Temporary extension of time limit. Any property owner who, within
three years preceding the date of said notice, has installed a private
well to service his/her building will be entitled to extension of
the aforesaid one-hundred-twenty-day period for an additional two-year
period. Said owner will provide adequate proof to the Township of
said installation. At the conclusion of this period the owner shall
connect his or her building to the water supply system.
C.
Inspection of connections. The Township and/or the public water utility
franchisee is hereby empowered to inspect and examine any such proposed
connection and to approve or disapprove the manner, method and materials
utilized in making such connection.
Any property who connects to the water supply system may continue
the use the water supplied from a private well for nonpotable water
purposes and shall not be obligated to cap said private well unless
the water provided by said private well is not fit for human consumption
as determined by the guidelines established by the Ocean County Board
of Health or any other county, state or federal agency; provided,
however, that said private well is disconnected from the potable water
supply system by a New Jersey licensed plumber.
The provisions of this chapter shall not be deemed to be exclusive,
and the provisions hereof and the water connections herein directed
may be compelled and enforced in any manner provided by law.
Any person, association or corporation who shall violate this chapter by failing to comply with any order issued in accordance with the provisions hereof, within 120 days after notice by the proper officer of said governing body, as aforesaid, shall, upon complaint by the Township Clerk or by any other person and upon conviction, be subject to a fine of $500 for each violation. Each day of failure to comply with such order after the expiration of the one-hundred-twenty-day limitation, or as may be extended pursuant to § 495-7B, provided for therein shall constitute a separate violation of this chapter. Penalties under this chapter may be enforced by the Township or by any interested person in the Municipal Court of this Township, in such manner as may be provided by law.
