[HISTORY: Adopted by the Mayor and Council of the Borough
of Highland Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-15-2009 by Ord. No. 09-1774]
Except as may be further restricted in accordance with § 405-6 below, the use of water within the Borough of Highland Park, regardless of the source of water (public or private) shall conform to the following:
A.
All citizens shall be urged to observe indoor conservation measures
at all times; and
B.
Water use restrictions.
(1)
Lawn watering. Property owners are encouraged to water two days per
week.
C.
Water shall only be conducted between the hours of 6:00 a.m. and
9:00 a.m. or between 5:00 p.m. and 8:00 p.m.; and
D.
The watering of any single area shall not exceed 30 minutes per day.
(1)
Flowers and shrubs may be watered as needed with a hand-held hose
equipped with an automatic shutoff nozzle.
(2)
Vehicles may be washed any day with a hand held hose equipped with
an automatic shutoff nozzle.
(3)
Violators of these guidelines and requirements are subject to fines.
(4)
Restrictions identified in § 405-6 shall supersede those identified in this article when the Highland Park governing body declares a declaration of water emergency.
(5)
State of New Jersey requirements shall supersede when more stringent
than the Highland Park Water Conservation Guidelines.
The water use restrictions and automatic rain sensor equipment imposed pursuant to this article shall be enforced by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, regardless of the source of the water (public supply or private well), such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 405-3. 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 summons for the violation of the water use restrictions imposed pursuant to this article.
After a warning for a first offense in accordance with § 405-2 above, any person or business that thereafter violates the water use restrictions imposed pursuant to this article shall be subject to the penalty provisions stated at Chapter 1, General Provisions, Article III, General Penalty, of the Code.
Restrictions in § 405-1 above do not apply to the following:
A.
Commercial crop and sod farms and nursery stock at nurseries or retail
outlets and commercial golf courses.
B.
Outdoor irrigation necessary for one day only where treatment with
an application of chemicals require immediate watering to preserve
an existing landscape or to establish a new landscape.
C.
Outdoor irrigation necessary for the establishment of newly sodded
lawns or landscaping within the first 21 consecutive days of planting.
D.
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.
E.
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.
[Adopted 12-15-2009 by Ord. No. 09-1774]
A water emergency shall be declared:
A.
Upon action by resolution of the governing body:
(1)
Whenever the Municipal Engineer in his or her professional judgment finds that emergency conditions exist within the municipality, he or she shall recommend to the Highland Park governing body that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in § 405-6 below are appropriate. Factors which the Municipal 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 (if appropriate);
(d)
Declaration of a water emergency by the Governor;
(e)
Declaration of a water emergency by a surrounding municipality
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
municipality;
(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 Highland Park governing
body may accept the Municipal Engineer's recommendation and findings,
or any portion thereof, and adopt a resolution declaring a water emergency
in the municipality.
(3)
Such resolution shall be adopted by the Highland Park governing body at any regular, special, adjourned or emergency public meeting of the Highland Park governing body. Such resolution shall specify which of the water use restrictions, if any, contained in § 405-6 are being imposed. Such resolution shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in §§ 405-7 and 405-8 below.
Upon adoption by the Highland Park governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 405-5:
A.
All citizens shall be urged to observe voluntary indoor conservation
measures; and
B.
Water uses and restrictions including but not limited to the below
may be included in a water emergency resolution:
(1)
The watering of plant growth, except commercially grown food crops,
sod at commercial sod farms and golf courses and nursery stock at
nurseries or retail outlets;
(2)
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;
(3)
The washing of driveways, sidewalks, decks, patios or paved areas;
(4)
The serving of water in restaurants, clubs, or eating places unless
specifically requested by patrons;
(5)
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.
(6)
The use of fire hydrants by municipal road departments, contractor,
and all others, except as necessary for fire-fighting or protection
purposes;
(7)
The use of water for all outdoor recreational purposes;
(8)
The washing of outside of dwellings, buildings, or other structures,
except windows;
(9)
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;
(10)
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.
C.
The following restrictions may be imposed on the water uses stated in Subsection B:
(1)
Limiting all outdoor usage which is not strictly prohibited by this
subsection to the hours of 6:00 a.m. and 9:00 a.m. or between 5:00
p.m. and 8:00 p.m.
(2)
The watering of any single area shall not exceed 30 minutes per day;
and
(3)
Any other restriction specified by the Highland Park governing body
which is reasonable under the circumstances considering the nature
and extent of the water emergency.
D.
Any water use restriction imposed pursuant to this section may be
amended by the Highland Park governing body to add, alter, or delete
any restriction in the section at any time during the water emergency.
Said amendment shall be by resolution of the Highland Park governing
body.
E.
Any water use restriction imposed pursuant to this section shall
apply equally to both users on privately owned wells and users served
by a public water system.
F.
Nothing in this section shall be read so as to prohibit, restrict
or limit water usage where a bona fide health emergency exists.
Whenever the Municipal Engineer in his or her professional judgment finds that the emergency drought conditions in the municipality have abated prior to the expiration of the time period specified in the resolution, he or she shall recommend to the Highland Park governing body that the water emergency cease. Upon such a recommendation to cease, the Highland Park governing body may adopt a resolution declaring the water emergency ended and the water ruse restrictions identified in § 405-6 inapplicable. Otherwise, at the end of the time period specified in the original resolution, the water use restrictions identified in § 405-6 shall lapse and be inapplicable and unenforceable.
If at the expiration of the time period specified in the resolution,
the Municipal Engineer in his or her professional judgment finds that
the emergency drought conditions have not abated, he or she shall
recommend to the Highland Park governing body that the water emergency
remain in effect. Said recommendation shall specify the duration of
the extension. Whenever the Highland Park governing body has received
such a recommendation, it may accept the Municipal 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.
Reasonable attempts shall be made to notify citizens and residents
of the municipality of the existence of a water emergency, the restrictions
imposed, and the penalties for violations.
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, regardless of the source of the water, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 405-11. 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 summons for the violation of the water use restrictions imposed pursuant to this article.
After a warning for a first offense in accordance with § 405-10 above, any person or business that thereafter violates the water use restrictions imposed pursuant to this article shall be subject to the penalty provisions stated at Chapter 1, General Provisions, Article III, General Penalty, of the Code.
