[Added 12-4-01 by Ord. No. 0-29-01]
[Amended 3-22-05 by Ord. No. 0-3-05]
A.
The owner of every existing property within the Cedarbrook Groundwater Contamination Area with an identified private water well as set forth on Exhibit A[1] attached hereto shall be required to seal its privately
owned water well upon the availability of public water service to
said property and the connecting of said property into the public
water system. The sealing of the private water well shall occur within
thirty (30) days of the date when the property connects into the public
water system.
B.
An exemption shall be granted to the sealing of private water wells
on residential properties in such a case as the New Jersey Department
of Environmental Protection determines to convert said residential
well to a groundwater monitoring well for use by the New Jersey Department
of Environmental Protection. No other exemption shall be granted to
a residential property for the sealing of its private water well.
A commercial property may make application to the New Jersey Department
of Environmental Protection for an exemption from the well sealing
requirement, which application shall be considered by the New Jersey
Department of Environmental Protection on a case-by-case basis.
Notice of the requirement to seal the water well shall be given
by the Township. The notice shall be served upon the owners of said
properties personally or by leaving the same at their usual place
of abode with a member of the family over the age of eighteen (18)
years, or, if such mode of service cannot be effected, then by mailing
a copy of said notice to said owner at said property or properties,
or at the property owner's usual place of abode.
The Township will provide the service of sealing the private
water well at its cost conditioned on receiving written authorization
from the property owner to enter onto the property to perform this
service.
A.
Any person who commits a violation of this article shall, upon conviction
thereof, pay a fine of not more than one thousand dollars ($1,000.),
or be imprisoned in the County jail for a term not exceeding thirty
(30) days, or both, such fine and imprisonment being at the discretion
of the court. A separate offense shall be deemed committed on each
day or part of a day on which a violation occurs or continues.
B.
In addition to the above penalties, if the owner of any house, building or structure referred to in Section 284-61 hereof shall fail to seal or permit the Township to seal the private water well as required by this article within the time herein required, then the Township shall have the right to seek an order from a court of competent jurisdiction to compel a property owner to comply with the requirements of this article and to seal a private water supply well, together with attorney fees and costs incurred by the Township in seeking such enforcement, or, in the alternative, to permit the Township to enter onto the property to seal the private water well and assess the cost thereof as a lien against the property pursuant to and in accordance with provisions of applicable regulations and statutes.
This article only applies to the Cedarbrook Groundwater Contamination Area and does not repeal any other Township ordinance relating to water and water service. All other rules, regulations or policies applicable to water service shall remain in effect and apply to the properties identified on Exhibit A.[1]
