[Adopted 3-14-2016 by Ord. No. 6-2016]
A.
Whenever the Livingston Township Engineer ("Engineer") in his or her professional judgment finds that emergency conditions exist within the Township, he or she shall recommend to the Township Manager that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in § 316-23 below are appropriate. Factors which the Engineer may consider in making said recommendation include, but are not limited to, the following:
(1)
Lack of precipitation for an extended period of time;
(2)
Below-average water levels in municipal streams or other surface
water bodies;
(3)
Declaration of a water emergency by the Governor;
(4)
Declaration of a water emergency by a surrounding municipality or
municipalities;
(5)
Designation by the New Jersey Department of Environmental Protection
of a drought watch or drought warning condition;
(6)
Below-average water levels in wells monitored by the NJDEP or other
wells monitored by agencies of the United States or New Jersey;
(7)
Evidence of low or dirty water yields in private wells or Township
wells in the Township; or
(8)
Declaration of a water emergency resulting from infrastructure failure
or any other safe drinking water emergency issues.
B.
Upon receiving such a recommendation, the Township Manager may accept
the Engineer's recommendation and findings, or any portion thereof,
and declare a water emergency in the Township.
C.
Upon the declaration of a water emergency in the Township, the Township Manager shall specify which of the water use restrictions, if any, contained in § 316-22 below are being imposed. Such restrictions shall be effective immediately, and shall continue in effect for a time period as may be specified by the Township Manager.
Upon the declaration of a water emergency in the Township by
the Township Manager in accordance with Section I:
A.
All residents/citizens shall be required to observe voluntary indoor
conservation measures; and
B.
Water uses including but not limited to the following may be subject
to restriction by the Township Manager upon the declaration of a water
emergency in the Township:
(1)
The watering of all 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 and power 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 and power washing of driveways, sidewalks, decks, patios
or paved areas;
(4)
The serving of water sourced from municipal water supplies, well
or groundwater, lakes, streams, or ponds 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 Deputy Fire Chief deems
necessary in the interest of public safety;
(6)
The use of water for all outdoor recreational purposes;
(7)
The washing and power washing of outside of dwellings, buildings,
or other structures, except windows;
(8)
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;
(9)
Any other water use activity specified by the Township Manager or
the Township Council 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 Township Manager to add, alter, or delete any restriction
in this section at any time during the water emergency.
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 or a danger
to public safety exists.
Whenever the Township Engineer in his or her professional judgment finds that the emergency drought conditions in the Township have abated prior to the expiration of the time period specified in the resolution, he or she shall recommend to the Township Manager that the water emergency cease. Upon such a recommendation to cease, the Township Manager may declare the water emergency ended and the water use restrictions identified in § 316-23 inapplicable.
If, at the expiration of the time period specified in the resolution,
the Township Engineer in his or her professional judgment finds that
the emergency drought conditions have not abated, he or she shall
recommend to the Township Manager that the water emergency remain
in effect. Said recommendation shall specify the duration of the extension.
Whenever the Township Manager has received such a recommendation,
he or she may accept the Township Engineer's recommendation and findings,
or any portion thereof, and act to extend the duration of the water
emergency.
Reasonable attempts shall be made to notify citizens and residents
of the Township of the existence of a water emergency, the restrictions
imposed, and the penalties for violations.
The water use restrictions imposed pursuant to § 316-23 shall be enforced during a water emergency by the Police Department. Whenever the Police Department shall find a violation of the water use restrictions, regardless of the source of the water, the violator shall be given a written warning explaining the penalties for a subsequent offense as provided in § 316-28. The Police Department 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 Police Department is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this article.
