[HISTORY: Adopted by the Township Council of the Township of Chester 7-2-2013. Amendments noted where applicable.]
The Township of Chester meets its residential and commercial water and sewage needs primarily through the utilization of on-lot private wells and private septic systems.
The Township of Chester has entered into an agreement with the Washington Township Municipality Utilities Authority (WTMUA) for the WTMUA to provide a public water system to a designated area of Chester Township ("Township"), along Parker Road, near the Combe Fill South Landfill, a Super Fund Site.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building or structure heretofore or hereinafter constructed and designed or used for any use, including dwelling purposes or occupancy by persons, whether temporary or permanent, in which water is used for human consumption or otherwise.
- Any pipe or conduit designed or used for the transmission of potable water within the Township, whether owned and operated by the WTMUA or any other provider of water.
- WATER SUPPLY PROJECT AREA
- That portion of the Township contained within the area established by the New Jersey State Department of Environmental Protection and Energy and more specifically described by lot and block numbers on Exhibits A and B attached hereto.
The owner or owners of each improved property within the Township of Chester identified on Exhibits A and B shall, upon receipt of written notice from the WTMUA that water service is available and that connection is required, connect such improved property to the water supply within 60 days of said notice so that the public water supply shall be used for all domestic purposes, dwelling purposes or for any purpose relating to human occupancy and/or consumption.
Every connection required by this chapter shall comply in all respects with the Plumbing Code of the Township of Chester, the Uniform Construction Code, or such other code as shall be in force and effect at the time connection is required.
The WTMUA shall give written notice to the owner of property required to connect with the public water supply system. Such notice shall be addressed to the owner of said property as the name of the owner appears in the last tax duplicate of the Township of Chester and shall describe the property by lot and block designation as the same appears in the Tax Map of the Township of Chester and by the street address if a street address exists. The notice shall state that the owner is required to connect each building on said property with the waterline in accordance with the terms of this chapter on or before 60 days of receipt of the notice. Said notice shall also describe the penalty which may be imposed hereunder for failure to comply with the notice.
If any owner of improved property within the Township required to be connected to the water supply system of the WTMUA pursuant to this chapter shall fail to connect therewith promptly after written notice to do so, the WTMUA shall give such owner written notice of this chapter, describing the property required to be connected sufficiently definite to identify it, describing the required connection and stating that unless connection shall be completed within 30 days of the service of such notice, the WTMUA may proceed to made such connection or to cause same to be made.
Upon failure of such owner to make the required connection within the said thirty-day period, the WTMUA may make such connection or cause the same to be made and shall send an itemized bill for the cost of such connection with the property owner, which shall be payable forthwith.
In case of failure of the owner to pay such bill, it shall be the duty of the Township officials to cause the confirmation and assessment of the amount thereof as a lien against the property and to proceed with the collection and enforcement thereof, all in the manner provided by the laws of the State of New Jersey.
All notices to be served under this article shall be served by certified mail, return receipt requested.
Every owner required to connect to the WTMUA public water supply shall not pay a connection fee if such owner complies with this chapter allowing the WTMUA to make the connection. Every owner required to connect to a public water supply of the WTMUA shall pay to the WTMUA a water service charge established by WTMUA regulations.
Any person who violates any provision of this chapter shall be subject to a fine of $500. This chapter shall be enforced by the WTMUA in the Municipal Court of the Township.
Capping of wells. When a public water supply is made ready and available for connection, all owners of property within a water supply project area as defined by the New Jersey Department of Environmental Protection and Energy shall cap and fill so as to permanently destroy any water-producing capacity of any well, whether for human consumption or not, located upon said premises within 30 days after such time as public water has been hooked up.
Compliance. The sealing of the well shall be done in compliance with all state and municipal laws and regulations of the WTMUA.
Connection fees and capping assessments. There shall be no fee charged to the Township's residents for connection to the WTMUA public water supply or for the capping of existing wells within a well restricted area, provided that the property owner has given the WTMUA permission to enter onto the property to perform such work. Where the property owner fails to provide the WTMUA with permission to arrange for or make the connection or where the property owner has not received a well sealing exemption from the New Jersey Department of Environmental Protection and Energy (NJDEP) and refuses access to the WTMUA for well sealing, then connection to the water supply system and well sealing shall be done by the property owner. All costs for such work shall then be borne solely by the property owner.
Capping of wells shall not be required where specific written exemption is received from the WTMUA.