[HISTORY: Adopted by the Township Council of the Township
of Lower 12-20-2010 by Ord. No. 2010-11. Amendments noted where applicable.]
A.
The Lower Township Municipal Utilities Authority may, by resolution, declare a water conservation phase upon making a finding specified in Subsection B. Such resolutions shall specify the start day of the phase and shall be effective upon publication in a daily newspaper of general circulation within the Township as well as the use of reverse 911 in conjunction with the Township.
B.
The finding necessary for each water conservation phase is as follows:
(1)
Level 1: A Level 1 water supply shortage exists when the Lower Township
Municipal Utilities Authority determines, in its sole discretion,
that due to drought or other water supply conditions, a water supply
shortage or threatened shortage exists and a consumer demand reduction
is necessary to make more efficient use of water and appropriately
respond to existing water conditions. Upon the declaration by the
Lower Township Municipal Utilities Authority of a Level 1 water supply
shortage condition, the Lower Township Municipal Utilities Authority
will implement the mandatory Level 1 conservation measures identified
in this chapter.
(2)
Level 2: A Level 2 water supply shortage exists when the Lower Township
Municipal Utilities Authority determines, in its sole discretion,
that due to drought or other water supply conditions, a severe water
supply shortage or a threatened severe water supply shortage exists
and a consumer demand reduction is necessary to make more efficient
use of water and appropriately respond to existing water conditions.
Upon the declaration by the Lower Township Municipal Utilities Authority
of a Level 2 water supply shortage condition, the Lower Township Municipal
Utilities Authority will implement the mandatory Level 2 conservation
measures identified in this chapter.
(3)
Level 3: A Level 3 water supply shortage condition is also referred
to as an "emergency" condition. A Level 3 condition exists when the
Lower Township Municipal Utilities Authority declares a water shortage
emergency and notifies its residents and businesses that a significant
reduction in consumer demand is necessary to maintain sufficient water
supplies for public health and safety. Upon the declaration of a Level
3 water supply shortage condition, the Lower Township Municipal Utilities
Authority will implement the mandatory Level 3 conservation measures
identified in this chapter.
The following water conservation measures apply during water
conservation Level 1.
A.
Watering or irrigation of lawns shall not be performed except on
designated irrigation days (odd and even system) and between the hours
of 6:00 p.m. and 6:00 a.m. Irrigation may be performed at any time
if done by means of a handheld hose equipped with a positive shut-off
nozzle, a handheld faucet filled bucket of five gallons or less, or
a drip irrigation system.
B.
When the Lower Township Municipal Utilities Authority declares a
Level 1 water conservation, water users shall only water lawns, landscapes,
flowers, vegetated areas, or fill swimming pools on an odd or even
day system. The water user's address shall dictate if the water
user may water on the odd- or even-numbered days of the week.
C.
Agricultural users and commercial nurseries shall curtail all nonessential
water use, but are otherwise exempt from Level 1 measures. Watering
of livestock and irrigation of propagation beds are permitted at any
time.
D.
Washing of motor vehicles, boats, airplanes and other mobile equipment
shall be performed only on designated irrigation days and between
the hours of 6:00 p.m. and 6:00 a.m. This prohibition shall not apply
to the washing of garbage trucks, vehicles used to transport food
and perishables and other mobile equipment for which frequent cleaning
is essential for the protection of the public health, safety and welfare.
E.
Filling or refilling of swimming pools, spas, ponds and artificial
lakes shall be performed only on designated irrigation days (odd or
even day system) and between the hours of 6:00 p.m. and 6:00 a.m.
F.
Watering golf courses, parks, school grounds and recreational fields
shall be performed only between the hours of 6:00 p.m. and 6:00 a.m.
This prohibition does not apply to golf course greens.
G.
Water shall not be used to wash down hard or paved surfaces, including
but not limited to sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys. Notwithstanding this prohibition,
a water user may wash down such surfaces when necessary to alleviate
safety or sanitary hazards, and then only by use of a handheld bucket
or similar container, a handheld hose equipped with a positive self-closing
water shut-off device, a low-volume, high-pressure cleaning machine
equipped to recycle any water used, or a low-volume high-pressure
water broom.
H.
Ornamental fountains and similar structures shall not be operated.
I.
When a conservation Level 1 is declared by the Lower Township Municipal
Utilities Authority, commercial power washing is allowed when the
contractor utilizes water-saving devices. Power washing by individuals
shall not be allowed.
The following water conservation measures apply during water
conservation Level 2.
A.
Watering or irrigation of lawns shall not be performed except on
designated irrigation days (odd and even system) and between the hours
of 10:00 p.m. and 6:00 a.m.
B.
When the Lower Township Municipal Utilities Authority declares a
Level 2 water conservation, water users shall only water lawns, landscapes,
flowers, vegetated areas, or fill swimming pools on an odd or even
day system. The water user's address shall dictate if the water
user may water on the odd or even numbered days of the week.
C.
Agricultural users and commercial nurseries shall use water only
between the hours of 6:00 p.m. and 6:00 a.m. Watering of livestock
and irrigation of propagation beds are permitted at any time.
D.
Washing of motor vehicles, boats, airplanes and other mobile equipment
is prohibited except when performed at a commercial car wash. This
prohibition shall not apply to the washing of garbage bucks, vehicles
used to transport food and perishables and other mobile equipment
for which frequent cleaning is essential for the protection of the
public health, safety and welfare.
E.
Filling or refilling of swimming pools, spas, ponds and artificial
lakes shall be performed only on designated irrigation days (odd or
even day system) and between the hours of 10:00 p.m. and 6:00 am.
F.
Watering golf courses, parks, school grounds and recreational fields
shall be performed only between the hours of 10:00 p.m. and 6:00 a.m.
This prohibition does not apply to golf course greens.
G.
Water shall not be used to wash down sidewalks, driveways, parking
areas, tennis courts, patios or other paved areas except to alleviate
immediate fire or sanitation hazards and then only by use of a handheld
bucket or similar container, a handheld hose equipped with a positive
self-closing water shut-off device, a low-volume, high-pressure cleaning
machine equipped to recycle any water used, or a low-volume high-pressure
water broom.
H.
Restaurants shall not serve water to customers unless specifically
requested.
I.
Ornamental fountains and similar structures shall not be operated.
J.
New construction meters and permits for unmetered service shall not
be issued. Construction water shall not be used for earth work or
road construction purposes.
K.
When a conservation Level 2 is declared by the Lower Township Municipal
Utilities Authority, commercial power washing is allowed when the
contractor utilizes water saving devices. Power washing by individuals
shall not be allowed.
The following water conservation measures apply during water
conservation Level 3.
A.
Outdoor irrigation is prohibited.
B.
Use of water for agricultural or commercial nursery purposes is prohibited.
This prohibition shall not apply to watering of livestock.
C.
Washing of motor vehicles, boats, airplanes and other mobile equipment
is prohibited except when performed at a commercial car wash. This
prohibition shall not apply to the washing of garbage trucks, vehicles
used to transport food and perishables and other mobile equipment
for which frequent cleaning is essential for the protection of the
public health, safety and welfare.
D.
Filling or refilling of swimming pools, spas, ponds and artificial
lakes is prohibited.
E.
Watering golf course areas, other than greens, is prohibited. Watering
of parks, school grounds and recreational fields is prohibited except
for plant materials classified as rare, exceptionally valuable or
essential to the well being of rare animals.
F.
Water shall not be used to wash down sidewalks, driveways, parking
areas, tennis courts, patios or other paved areas except to alleviate
immediate fire or sanitation hazards.
G.
Restaurants shall not serve water to customers unless specifically
requested.
H.
Ornamental fountains and similar structures shall not be operated.
I.
New construction meters and permits for unmetered service shall not
be issued. Construction water shall not be used for earth work or
road construction purposes.
J.
When a conservation Level 3 is declared by the Lower Township Municipal
Utilities Authority, commercial power washing is not allowed and power
washing by individuals shall not be allowed.
A.
Within 15 days of the effective date of a resolution declaring the
water conservation phase, any water user may apply to the Executive
Director for relief from the applicable water conservation measures.
Applications shall be filed on a MUA-provided form and shall be accompanied
by a nonrefundable application fee in the amount of $50, set by resolution
of the MUA Board.
B.
The Executive Director may approve, conditionally approve or deny
an application for relief from water conservation measures. In making
such determination, the Executive Director shall consider the following
factors:
(1)
Whether additional reduction in water consumption will result in
unemployment.
(2)
Whether additional persons have been added to the household.
(3)
Whether additional landscaped property has been added to the property
since the corresponding billing period of the prior calendar year.
(4)
Changes in vacancy factors in multifamily housing.
(5)
Increased number of employees in commercial, industrial and governmental
offices.
(6)
Increased production requiring increased process water.
(7)
Water uses during new construction.
(8)
Adjustments to water use caused by emergency health or safety hazards.
(9)
First filling of a permit-constructed swimming pool.
(10)
Water use necessary for reasons related to family illness or
health.
(11)
Whether the applicant has achieved the maximum practical reduction
in water consumption other than in the specific areas for which relief
is sought.
C.
The decision of the Executive Director shall be final.
A.
The Lower Township Municipal Utilities Authority (MUA) shall be the
agency authorized to enact and enforce mandatory water conservation
and restrictions within the Township of Lower.
B.
The penalties set forth in this section shall be exclusive and not
cumulative with any other provision of this ordinance.
C.
Violation of water conservation measures shall be penalized as follows:
(1)
First violation during a water conservation phase: The Executive
Director or designated representative shall issue a written notice.
(2)
Second violation during a water conservation phase: The Executive
Director or designated representative shall impose a surcharge in
an amount of $50 per day and not to exceed $300 per week for the offense.
(3)
Subsequent violations during a water conservation phase: The Executive
Director or designated representative shall install a flow-restricting
device of one-gallon-per-minute capacity for services up to 1 1/2
inches in size, and a comparatively sized restrictor for larger service,
on the service of the violator at the premises at which the violation
occurred for a period of not less than 48 hours. The Executive Director
or designated representative shall charge the water user the actual
costs of installation and removal of the device and for restoration
of normal service. Normal service shall not be restored until all
the account has been made current and all charges have been paid.
D.
Any person receiving a notice of second or subsequent violation may
request a hearing by the MUA Board by filing a written appeal with
the MUA within 15 days of the date of such notice. The nonrefundable
appeal fee shall be $50, payable to the MUA and set by resolution
of the MUA Board. A timely request for a hearing shall stay the installation
of a flow-restricting device on the appellant's premises until
a decision has been made on the appeal. If the MUA Board determines
that the surcharge was incorrectly assessed, the MUA shall refund
any money deposited by the customer. The MUA Board's decision
on the appeal shall be final.
