[Adopted 8-27-2001 by Ord. No. 37-01 (Ch. 106 of the 1972 Code)]
A. 
Water connection. The owner of every house, building or structure now existing or hereafter constructed, assembled or moved onto any lot or lots in the Township of Jackson intended for residential or commercial use or professional occupancy and located on any street along the line of any public water system now or hereafter constructed, where the property line of such premises having the house, building or structure is located not more than 100 feet from the line of such public water system, shall connect such house, building or structure with the public water system within 180 days after notice that such water system is available to said premises, except as provided in Subsection E of this section. Connection to the Jackson Township MUA Water System shall be made pursuant to the rules and regulations of the Jackson Township MUA and shall be at the property owner's expense.
B. 
Water meters. The owner shall also install two water meters in each such house, building or structure. The first water meter shall be for internal water use. The second water meter shall be for all external water use, including, but not limited to, an irrigation system.
C. 
On lots where there are multiple structures, each such structure requiring water service shall be separately connected to the public water system with its own service line.
D. 
Every building permit issued for the construction of any new building adjoining any public street in the Township of Jackson in which a public waterline is available at the time of application for said building permit shall be conditioned upon connection to the public water system regardless of the distance between the proposed building and the public waterline. No certificate of occupancy shall be issued until said connection has been completed in compliance with the rules and regulations of the Jackson Township Municipal Utilities Authority.
E. 
Exemptions.
(1) 
Single-family residential properties (including home-based businesses) served by properly functioning wells shall be exempt from the mandatory connection requirements set forth in this section upon execution of an acknowledgment and release form by those individuals and/or entities as set forth in Resolution 2001-128 of the Jackson Township MUA.
(2) 
Any and all exemptions granted hereunder shall terminate immediately upon the failure of the property owner's private well. However, any such single-family residential property owner may request approval from the Jackson Township Municipal Utilities Authority for a waiver of the mandatory connection requirement set forth above if the cost to complete such a mandatory connection substantially exceeds the cost of constructing a new potable well which would provide safe and adequate water for domestic purposes. The determination as to whether to grant such a waiver shall be within the sound discretion of the Jackson Township Municipal Utilities Authority, which determination shall be final.
[Amended 9-22-2020 by Ord. No. 15-20]
(3) 
Nothing herein stated shall be construed to allow or permit owners of properties currently or hereafter connected to the public water system to disconnect therefrom, nor will anything herein be construed to allow new homes to be constructed with private wells for domestic use when public water facilities are available.
(4) 
Nothing herein stated shall be construed to exempt premises located within a subdivision wherein new homes are constructed adjacent to dry lines from the obligation to connect to public water facilities as and when said dry lines are connected to public water facilities and become available for use as determined by the Jackson Township MUA. Developers installing dry lines at the direction of the Jackson Township MUA shall provide notice to home purchasers of their requirement to connect to the public water system upon availability of service by express language set forth in all contracts of sale as well as by deed recitals.
Any and all connections with the public water supply system shall be made by a qualified, licensed plumber in full compliance with the rules and regulations of the Jackson Township MUA and all relevant local, county, state and federal requirements. The appropriate connection fees shall be paid for each connection pursuant to the Jackson Township MUA rules and regulations.
It shall be unlawful for any person not authorized by the Jackson Township MUA to tamper with, alter or injure any part of the public water system. Anyone violating this provision shall be subject to the penalties set forth in § 437-9 and any other penalties permitted by law.
Charges for water service, or any connection to the public water service, shall be a lien upon the premises as provided for by N.J.S.A. 40:14B-42 and 40:14B-45.
[Amended 7-24-2007 by Ord. No. 23-07]
Owners of properties containing preexisting residential dwellings, residential apartments and/or tax-exempt buildings or structures with properly functioning private wells shall be entitled to pay water connection fees imposed by the Township Municipal Utilities Authority in 12 quarterly installments. In the event that any of said parties can clearly establish financial hardship, then the Authority, may, by resolution, agree to extend the payment period to 20 quarterly installments. Payments made during the last eight quarters of the extended period shall be equal and shall include interest at a rate of 4% per annum. Nevertheless, in the event that title to any subject premises is transferred or conveyed prior to payment of the total amount of connection fees, the outstanding balance thereof shall be accelerated and made immediately due and payable at the time of such transfer or conveyance of title.
Upon a determination that public water supply is available to serve any house, buildings and structures on any property in the Township, each owner of property shall be directed by the Jackson Township MUA to connect each house, building, and structure on said property with the public water in accordance with the terms of this article and the rules and regulations of the Jackson Township MUA, except as set forth in § 437-1E.
Notice to the owners of properties which are subject to the provisions of this article shall be served by the Jackson Township MUA. All notices shall be addressed to the owners of said property as the names of said owners appear in the last tax duplicate of the Township of Jackson. The notices shall describe the property by lot and block designation as the same appears on the Tax Map of the Township of Jackson, and by the street address, if a street address exists, and shall state that by the directive of the Jackson Township MUA the owner is required to connect each house, building and structure on said property with the public water system in accordance with the terms of this article and the rules and regulations of the Jackson Township MUA within 180 days of service of such notice as hereinafter provided. Said notices shall also describe the penalties which may be imposed hereunder for failure to comply with the notice and directive in accordance with the terms of this article. Said notices may be served within or without the limits of the Township of Jackson by mailing the same by certified mail to the last known address of said owner as the same appears on the last tax duplicate of the Township of Jackson.
Any owner of property who falls to connect any house, building or structure as described in § 437-1 of this article to such public water system within the prescribed time period, after service of notice by the Jackson Township MUA pursuant to this article, or otherwise violates the provisions set forth in this article, shall be subject to a penalty not to exceed $500, or imprisonment for a term not to exceed 90 days, or both, except for those properties exempt by the provisions of § 437-1E. The imposition of such penalties shall be in addition to any other legal remedies which may be provided by law or by the terms of this article. Each day after the expiration of 180 days for which an owner fails to comply with the provisions of this article shall constitute a separate offense thereof.
If any owner of any property in the Township of Jackson fails to make any connection or installation required by this article within the time and/or manner herein prescribed, the Jackson Township MUA may proceed to make such connection or installation and cause same to be made and, in addition to any penalties as provided herein, charge and assess the cost thereof against such property.
The Jackson Township MUA shall be and hereby is afforded full authority and responsibility to enforce the provisions of this article, including, without limitation, the authority to file complaints, seek injunctive relief and prosecute violators in any and all forums having competent jurisdiction. To the extent a court of competent jurisdiction determines that such grant of authority and responsibility exceeds permissible limits, the Township will assume such authority and responsibility to the extent necessary.