[HISTORY: Adopted by the Township Committee of the Township
of Middle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-1-2019 by Ord. No. 1592-19]
As used in this article, the following terms shall have the
meanings indicated:
The cost charged by the LTMUA and required to be paid by
each property owner who is required to connect to the LTMUA's
public water supply system pursuant to this article.
The Lower Township Municipal Utilities Authority, established
by the Township of Lower in the County of Cape May pursuant to N.J.S.A.
40:14B-1 et seq., and by Lower Township Ordinance No. 68-10, adopted
July 4, 1968.
Capital projects that have been or will in the future be
undertaken by the LTMUA to provide water to the owners of the properties
that are identified on Exhibit A.[1]
The annual fees charged by the LTMUA for water supplied to
the property owners who are required to connect to the LTMUA's
public water supply system pursuant to the provisions of this article.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
A.Â
The owners of the properties within the Township that are identified
on EXHIBIT A[1] hereto shall be required to connect all buildings and
water facilities located on said properties to the LTMUA's public
water supply system at the property owner's sole cost and expense,
including payment to LTMUA of all appropriate connection fees and
applicable user fees for such water services.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
B.Â
The requirement to connect to the LTMUA's public water supply
system shall also apply to those currently undeveloped properties
once they are developed. On lots with two or more buildings, each
building shall be separately connected to the LTMUA's public
water supply system.
Upon notification of the completion of the LTMUA's public
water supply system servicing their respective properties, the owners
of said properties described in this article shall be required to
connect to the LTMUA's public water supply system within one
year of notification.
The property owner and the connection shall be subject to the
Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1 et
seq., the rules and regulations of the LTMUA as well as the obligation
to apply for and obtain a house connection permit, as may be required
by the Middle Township Construction Office, all as may be hereafter
adopted and as amended from time to time. The property owners shall
be pay the user fees as and when due in accordance with the rules
and regulations of the LTMUA. The connection fee shall be the amount
of the connection fee that is established by § 660-5 of
the Code of the Township of Lower, as amended from time to time, which,
at the time of adoption of this article was $1,600 per single-family
residence.
The obligation to comply with the terms of this article shall
be the obligation of the record owner of the property, at the owner's
sole cost and expense, regardless of any lease provision.
All properties required by this article to connect to the LTMUA's
public water supply system shall utilize water meters to be provided
by the LTMUA. Any plumbing configuration that is installed in such
a manner as to bypass the water meter is prohibited and shall be considered
a theft of services under the provisions on N.J.S.A. 2C:20-8 as well
as a violation of this article. Similarly, tampering with a meter
shall be considered a theft of services under the provisions on N.J.S.A.
2C:20-8 as well as a violation of this article.
All properties required by this article to connect to the LTMUA's
public water supply system shall properly abandon and seal their existing
private potable water well in accordance with applicable state and
local law and regulations. Notwithstanding the above, property owners
may maintain their existing wells for the sole purpose of irrigation,
provided that there is no physical connection between the irrigation
well and the LTMUA's public water supply system.
All notices required by this article shall be sent first-class
regular mail and certified mail, return receipt requested, to the
last known property address for the owner of the affected property
as contained in the then-current Township tax records.
A.Â
Any person violating or failing to comply with any provisions or
requirements of this article or its implementing regulations shall,
upon a conviction, be punishable by a fine of no more than $1,250,
by imprisonment for a term not to exceed 90 days, or by community
service as determined in the discretion of the Municipal Court Judge.
Each day that the violation continues shall be a separate offense,
and the person or persons allowing or permitted such violation to
continue may be punished as provided for above with respect to each
separate day of violation.
B.Â
In addition to the above, if the owner of any property that has been
identified for mandatory connection by this article fails to make
such connection by the required time, then the LTMUA may proceed to
make such connection or installation or cause the same to be made
and assess the costs and charges against the property in accordance
with the delinquency provisions of the LTMUA and applicable state
law statutory authority.
C.Â
In the event that the property owner fails to make such connection
to the LTMUA's public water supply system or pay such connection
fee or user fees within the applicable period of time set forth in
this article and the LTMUA makes or causes the connection to the LTMUA's
public water supply system to be made, then the unpaid permit fee,
connection fee, and user fees shall constitute a lien on the affected
property when approved by the LTMUA and filed with the Middle Township
Tax Collector. Property owners shall be obligated to pay the user
fees, as set forth in the rules and regulations of the LTMUA, and
the connection fees, as set forth in § 660-5 of the Code
of the Township of Lower, as amended from time to time, regardless
of whether such properties connect to the LTMUA's public water
supply system.
