[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.
After 180 days from service of notice that such public water supply is available, the operation and maintenance of any private well supplying water for domestic use is declared to be a health hazard and a nuisance, except for those exempt properties as set forth in § 437-1E.
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.
This article and the provisions herein shall replace and supersede
any and all prior enactments with respect to the matters addressed
herein.
