[Ord. #142; 1976 Code § 176-1]
A Water Department is hereby established in the Township, which department shall be under the charge and management of the Director of the Department of Public Works, who shall be subject to the supervision and control of the Township Council.
[Ord. #142; 1976 Code § 176-2]
a. 
The management and the affairs of the Water Department shall be handled by the Director of the Department of Public Works, who shall make such rules and regulations not inconsistent with this Chapter as he shall deem necessary, subject to the supervision and control of the Township Council.
b. 
Such other employees shall be appointed from time to time as the Township Council shall deem necessary for the proper administration of the business of the Water Department.
c. 
The salary of all of the employees of the Water Department shall be in such amount as shall be fixed by a resolution of the Township Council.[1]
[1]
Editor's Note: Currently effective Salary Ordinances are on file in the office of the Township Clerk.
[Ord. #142; 1976 Code § 176-3]
The water supply and distribution system and all its parts, parcels and appliances shall be under the exclusive control and jurisdiction of the Township Council.
[Ord. #142; 1976 Code § 176-4]
Any person, firm or corporation or political subdivision receiving a supply of water for any purpose from the Water Department shall be subject to the rules and regulations as set forth herein or as hereafter adopted.
[Ord. #142; 1976 Code § 176-5]
The owners of any house, tenement, building or lot shall each be liable for the payment of the price or rent or water charge as fixed herein for the use of water by such owners or by the tenant or occupants and for the repair and testing of any water meter or water meters, water service or water services, connections, appliances or parts and renewals thereof heretofore or hereafter furnished or made by the Water Department in or upon such house, tenement, building or lot or connecting with such house, tenement, building or lot, and the interest and penalties charged; and such price, rent, water charge and other costs, expenses, interest and penalties as fixed herein shall be a lien upon the house, tenement, building or lot until the same shall be paid and satisfied.
[Ord. #142; Ord. #525; Ord. #584; Ord. #625; Ord. #699; Ord. #730; Ord. #780; Ord. #865; 1976 Code § 176-6; Ord. #1028, §§ 1, 2; Ord. #1035, § I; Ord. #1179, § I; Ord. #1220; Ord. #1367, § I; Ord. #1375, §§ I, II; Ord. #1638; Ord. #1649, § 1; amended 11-20-2023 by Ord. No. 2018]
a. 
The following prices, annual rentals or water charges are hereby established by the Township as the price, rent or water charges to be charged to all customers (other than customers on contract with conflicting terms) both private and municipal of the water system of the Township.
Township of Mahwah Water Department Water Rates
Description
Rates
Tapping charge on near side of main
3/4 inch tap
$2,000
1 inch tap
2,000
1 1/2 inch tap
2,500
2 inch tap
2,800
Tapping charge on far side of main
3/4 inch tap
3,600
1 inch tap
3,600
1 1/2 inch tap
4,200
2 inch tap
4,600
Tapping charges in excess of 2 inches shall be based on cost. All tapping charges shall be paid to the Water Department at the rate prevailing at the time the bill becomes effective.
Frost charge on near side
$300
Frost charge on far side
300
Service temporarily discontinued
50
Discontinued service reconnected
50
New connections —
3/4 inch meter
200
1 inch meter
300
Meter Service
1. 
(a) 
The minimum quarterly charge for a one family residential dwelling shall be $36.90 per quarter with an allowance of 1,000 cubic feet effective January 1, 2024.
(b) 
The minimum quarterly charge for a one family residential dwelling shall be increased to $39.48 on January 1, 2025 and to $42.25 on January 1, 2026.
2. 
The minimum quarterly charge for a multi-unit residential or multi-unit commercial or a combination of the two classes of users serviced through a single water meter shall be determined by the product of the number of units by the minimum quarterly charge established in paragraph 1 above. The minimum water allowance shall be determined in the same manner using an allowance of 1,000 cubic feet per unit.
3. 
(Reserved)
4. 
All classes of users shall be subject to the following quarterly rates for additional use:
Rate per Quarter
Rate per 100 Cubic Feet
1/1/2024
1/1/2025
1/1/2026
1,001 to 5,000
$3.63
$3.88
$4.15
5,001 to 10,000
$4.34
$4.65
$4.97
10,001 to 15,000
$5.00
$5.35
$5.72
15,001 to 20,000
$5.50
$5.89
$6.30
In excess of 20,000
$6.00
$6.42
$6.87
5. 
(a) 
In addition to the rates established by the preceding paragraph 4, all classes of users shall be subject to a modified summer surcharge from May 1 to September 30 of each year. The modified summer surcharge rate shall be for the full quarter that falls between said dates:
Rate per Quarter
Rate per 100 Cubic Feet
1/1/2024
1/1/2025
1/1/2026
1 to 1,000
$0.25
$0.26
$0.28
1,001 to 5,000
$0.55
$0.58
$0.62
5,001 to 10,000
$0.65
$0.70
$0.75
10,001 to 15,000
$0.70
$0.75
$0.80
15,001 to 20,000
$0.75
$0.80
$0.86
In excess of 20,000 c.f.
$0.80
$0.86
$0.92
6. 
For all meters installed prior to March 22, 2009, one-inch or greater, the following charges shall be made per quarter year in addition to charges for the use of water:
Meter Size
Rate
7/1/2009
1/1/2010
1/1/2011
1 inch meter
$14.95
$17.20
$19.77
1-1/2 inch meter
$31.50
$35.71
$41.07
2 inch meter
$51.75
$59.51
$68.44
3 inch meter
$120.75
$138.86
$159.69
4 inch meter
$207
$238.05
$273.76
6 inch meter
$460
$529
$608.35
8 inch meter
$828
$952.20
$1,095.03
10 inch meter
$1,293.75
$1,487.81
$1,710.98
12 inch meter
$1,863.00
$2,142.45
$2,463.82
14 inch meter
$2,541.50
$2,922.73
$3,361.14
16 inch meter
$3,312
$3,808.80
$4,380.12
7. 
There shall be a discount for senior citizens and disabled persons of 15% on the base charge established above. This discount will apply only to (a) single unit residential units which are individually metered and which are owned and occupied by a senior citizen or disabled person and (b) to residential units which are individually metered and rented to and occupied by a senior citizen or disabled person. For purposes of this subsection, a senior is a person who is at least 65 years of age. "Disabled persons" shall mean persons permanently and totally disabled as defined in N.J.S.A. 40A:31-10.1.
8. 
There shall be a charge of $50 for each "final reading" of a meter. This charge shall be paid at the time a final bill is paid.
b. 
Capacity Charges.
1. 
Connection Directly to Existing Water Line Within the Water Department.
(a) 
Each apartment unit, condominium unit, cooperative apartment unit, townhouse unit or single family dwelling already in existence or to be newly constructed and not presently connected to the water system shall pay a capacity charge of: $2,200.
(b) 
Commercial and industrial connections (including condominium offices and cooperative offices): The capacity charges shall be computed for each connection based on the charge for a single family dwelling multiplied by the equivalent number of single family units contributing the same flow rate to the system and in accordance with the following standards:
(1) 
The design flow rate for one single family dwelling is 350 gallons per day.
(2) 
The design flow rate for various types of establishments, as set forth in subparagraph (a) above, shall be used to determine the equivalency factor for the type of establishments listed therein.
(3) 
In any case where the design flow cannot be reasonably established, using subparagraph (a) above as a guide, the Township shall determine the design flow by such means as are, in its opinion, fair and equitable.
The minimum capacity charge shall be $2,200 equivalent to one single family dwelling.
(c) 
Schools, municipal facilities, churches and charitable institutions:
Capacity charge. Same as commercial and industrial connections.
(d) 
Motels, hotels, nursing homes, lodging homes (and other types of similar lodging):
Capacity charge. Same as commercial and industrial connections.
All capacity charges as outlined under this section shall be paid to the Water Department as follows: 10% shall be paid prior to approval of the plans by the Planning Board and the remainder shall be paid prior to issuing the certificate of occupancy. This remaining amount shall be the amount due based on the rate prevailing at the time of the issuance of the certificate of occupancy less the deposit paid.
2. 
Subdivisions and Site Plans. Capacity charges where the developer is installing a water system at his own cost, and is connecting such system to an existing water system, with the Township.
(a) 
Each apartment unit, condominium unit, cooperative apartment unit, townhouse unit or single family dwelling already in existence or to be newly constructed and not presently connected to the water system shall pay a capacity charge of: $2,200.
All capacity charges as outlined under this section shall be paid to the Water Department.
Payments shall be made prior to issuing connection permits.
(b) 
Commercial and industrial connections (including condominium offices and cooperative offices): The capacity charge shall be computed for each connection based on the charge for a single family dwelling multiplied by the equivalent number of single family units contributing the same flow rate to the system and in accordance with the following standards:
(1) 
The design flow rate for one single family dwelling is 350 gallons per day.
(2) 
The design flow rate for various types of establishments, as set forth in Schedule A,[1] shall be used to determine the equivalency factor for the type of establishments listed therein.
[1]
Editor's Note: Schedule A, "Potable Water and Wastewater Design Flow Rates," can be found following this Section 16-6.
(3) 
In any case where the design flow cannot be reasonably established, using Schedule A[2] as a guide, the Township shall determine the design flow by such means as are, in its opinion, fair and equitable.
The minimum capacity charge shall be $2,200.
[2]
Editor's Note: Schedule A, "Potable Water and Wastewater Design Flow Rates," can be found following this Section 16-6.
(c) 
Schools, municipal facilities, churches and charitable institutions.
(d) 
Motels, hotels, nursing homes, lodging homes and other types of similar lodging.
Capacity charge. Same as commercial and industrial connection.
All capacity charges as outlined under this section shall be paid to the Water Department as follows: 10% shall be paid prior to approval of the plans by the Planning Board and the remainder shall be paid prior to issuing Certificate of Occupancy. This remainder amount shall be the amount due based on the rate prevailing at the time of the issuance of the Certificate of Occupancy less the deposit paid.
Schedule A
Potable Water and Wastewater Design Flow Rates
Measurement
Gallons/Day Unit
TYPE OF ESTABLISHMENT
Private Dwelling
Person
100
Apartment Buildings
Person
75
TRANSIT DWELLING UNITS
Hotels
Bedroom
75
Lodging Houses and Tourist
Homes
Bedroom
60
Motels and Tourist Cabins
Bedroom
60
Boarding Houses
(Residents)
Boarder
50
CAMPS
Trailer Camps
(Private Bath)
Person
75
Trailer Camps
(Central Bath, etc.)
Person
50
Luxury Camps
(Private Bath)
Person
75
Children's Camps
(Central Bath, etc.)
Person
50
Labor Camps
40
Day Camps - No Meals
15
RESTAURANTS (INCLUDING WASHROOMS)
Average Type
Patron
15
Bar and Cocktail Lounges
Patron
5
Short Order or Drive-In
Service
Patron
5
CLUBHOUSES
Residential Type
Person
75
Non-Residential
(Serving Meals)
Person
35
INSTITUTIONS
Hospitals
200
Other Institutions
125
SCHOOLS
Elementary (No Shower or Cafeteria)
Person
10
With Cafeteria
Person
15
With Cafeteria and Showers
Person
20
With Cafeteria, Showers and Laboratories
Person
25
Boarding
Person
75
AUTOMOBILE SERVICE STATIONS
No Car Washing
Car served
5
Car Washing
Car washed
75
Stores, Shopping Centers and Office Buildings
Square feet
0.125
Factories (8-hour shift)
Person
25
Self-Service Laundries
Wash
50
Bowling Alleys
Alley
200
Swimming Pools and Beaches
Person
15
Picnic Parks (With Flush Toilets)
Person
10
Fairgrounds (Based upon average attendance)
Person
5
Assembly Halls
Seat
5
Airports (Based on Passenger Use)
Passenger
3
Churches
Seat
3
Theatre (Indoor)
Seat
5
Theatre (Drive-In with Food Stand)
Car
5
[Ord. #142; 1976 Code § 176-7]
Water may be sold to consumers outside of the Township, provided that such customers furnish all distribution facilities and provide all maintenance therefor, in which case such charge shall be made therefor as the Township Council by resolution shall determine.
[Ord. #142; 1976 Code § 176-8]
a. 
Meter and water charges shall be due and payable on the first day of the quarter next ensuing, and if not paid by the fifteenth day of the second month following the date upon which water charges become due, water shall be cut off from such service pipe, the owners of which shall be in default of payment of such charges. No service shall be restored until all water charges due shall be paid, together with a charge of $2 for turning the water on again.
b. 
Interest shall be charged on any water account not paid by the 15th day of the second month following the date upon which water charges become due. The rate of interest shall be fixed annually by Resolution of the Township Council. The rates of interest fixed by Resolution shall not exceed the statutory limits set forth in N.J.S.A. 54:4-67.
c. 
The Water Department shall also be authorized to cut off from the service pipe any owner or consumer of water who shall violate any of the terms and provisions of this Chapter or any of the rules and regulations of the Water Department.
[Ord. #142; 1976 Code § 176-9]
All water meters shall be read during the last 10 days of each quarter by the agent of the Township appointed for that purpose, whose reading of such meters shall be final unless objections shall be made in writing and filed with the Clerk of the Water Department within 10 days after the last day of the quarter then expiring. Nothing herein shall be construed to prevent issuance of estimated bills based upon minimum charges under this Chapter.
[Ord. #142; 1976 Code § 176-10]
Applications for water to be used on private property shall be made by the owner of such property or his duly authorized agent, who shall sign an application blank provided for by the Water Department, which shall specify the purpose for which the water is to be used. The applicant must file a statement of the number of fixtures in a building to be supplied.
[Ord. #142; 1976 Code § 176-11]
Each building to which water is supplied or furnished must have a separate service pipe from the water main and a separate meter, but this rule may be changed by the Township Council in individual cases upon application in writing and the finding of the Township Council of the necessity for supplying service other than as herein provided.
[Ord. #142; 1976 Code § 176-12]
a. 
There shall be no attachment connected on a service pipe between the water main in the public highway and a water meter, from which the water can be drawn.
b. 
Grounding of electrical circuits on any portion of the service pipe between the curb and main inside shutoff valve is prohibited.
[Ord. #142; 1976 Code § 176-13]
The property owner or person paying the water rent will be responsible for all damage by frost or otherwise to the meter, other than the ordinary wear due to use.
[Ord. #142; 1976 Code § 176-14]
The water stop at the curb must not be used by anyone except an authorized agent of the Township Council.
[Ord. #142; 1976 Code § 176-15]
No connection of service pipe shall be made with the distribution system, nor shall any alteration, repair, addition or extension be made in or to any service pipe, nor shall any device for drawing water be attached thereto, except in such manner and with such materials as prescribed by the rules and regulations adopted by the Township Council. The rules and regulations shall be on file at the office of the Township and shall describe the method of tapping the main, the location of the curb cock, depth of lines below surface and the location and connection to the meters, and shall stipulate the kind and quality of all materials which shall be used for the work, and no water shall be supplied to any premises unless inside stopcocks are affixed to each side of the meter for use in shutting off the water when necessary.
[Ord. #142; 1976 Code § 176-16]
No one shall be allowed to tap a street main except the regularly appointed employee, agent or plumber employed by the Township Council through the Director of the Department of Public Works, who will tap the main, bring the service pipe to the curb and insert corporation curb stop.
[Ord. #142; 1976 Code § 176-17]
Each consumer, along with his application for water, shall deposit with the Township the sum specified by this Chapter or such other sum as the Township Council shall direct, to cover the cost of tapping the main, setting curb stop, connection to main, inspection of service pipe and such other work as may be done by the Water Department in connection with such tapping. The deposit or charge fixed by this Chapter shall be in addition to any charges which may be made by the State or County for the opening of State or County roads.
[Ord. #142; 1976 Code § 176-18]
The service pipe from the corporation curb stop to and into the building, structure or curtilage sought to be supplied with water shall be laid in a manner approved by the Township Council and in no case after the ditch has been dug shall any service pipe be covered or backfilled until the duly authorized agent of the Township Council has approved the laying of such pipe and all connections therein by a written certificate. However, the consumer shall take all precautions to cover by plank or otherwise any excavations made in the sidewalks for the laying of the service pipe and shall not leave on the sidewalk or the adjoining public highway any stones or piles of dirt or other refuse.
[Ord. #142; 1976 Code § 176-19]
When the consumer has his service pipe and plumbing completed in the building or curtilage sought to be supplied with water and ready for the installation of a water meter, he shall notify the Clerk of the Water Department, who shall cause the meter to be installed and tested.
[Ord. #142; 1976 Code § 176-20]
Any consumer wishing to discontinue the use of water supplied from the system must give notice thereof in writing to the Clerk of the Water Department at least five days before the end of any quarter year of service, or otherwise charges will be made for the use of water at the minimum rate for the next following quarter.
[Ord. #142; 1976 Code § 176-21]
When any consumer discontinues the use of water, the water meter of the Township shall be taken from the premises of such consumer. As long as the water meter remains on the premises of the consumer, whether water is used or not, the rates and charges established by this Chapter shall be payable.
[Ord. #142; 1976 Code § 176-22]
Persons moving or about to move who owe water rents and charges cannot transfer their water privilege or right to use the water from one property to another, and before water will be furnished to them on other premises, such persons will be required to pay for the water furnished to the particular property from which they are to move or have moved.
[Ord. #142; 1976 Code § 176-23]
Whenever an applicant desires water service in his property where the property is situated on any street wherein there is no water main, if approved by the Township Council it shall be lawful for the consumer to lay at his own cost and expense a service pipe from the water main nearest the premises through the public highway or public places of this Township to the premises. Whenever the Township runs a water main through the street, the use of such private pipe shall be discontinued by the owner and connection shall be made to such public main. All private pipes shall be laid in a manner provided for by the Township Council.
[Ord. #142; 1976 Code § 176-24]
All repairs and renewals of service lines and attachments found necessary to be made between the corporation curb stop and the meter on the premises shall be made at the expense of the consumer.
[Ord. #142; 1976 Code § 176-25]
No person except the agent of this Township shall disconnect, remove or in any way tamper with any water meter, and every water meter shall be wired and sealed and shall in no way be handled or tampered with by any person except the agent of this Township.
[Ord. #142; 1976 Code § 176-26]
All removal and replacement of water meters except for routine servicing shall be done by the Township at the expense of the owner or of the consumer of the water, all charges for removal or replacement being considered water charges under this Chapter, payable immediately upon such removal or replacement.
[Ord. #142; 1976 Code § 176-27]
It shall be the duty of each consumer having notice or knowledge of leaks in service pipes to and on his premises or those occupied by him or under his control forthwith to notify the Clerk of the Water Department.
[Ord. #142; 1976 Code § 176-28]
The owner of any house, tenement, building or curtilage shall be liable for the payment of water rent and the charges provided by this Chapter for the use of water on the premises, and such water rent and charges so fixed, together with interest thereon at the rate of 6% per annum from the 15th day of the second month following the date upon which the water charges become due, shall be a lien on such premises until the same shall be paid and satisfied, and in the case of nonpayment thereof such premises shall be sold to pay and satisfy the same in a manner provided by law.
[Ord. #142; 1976 Code § 176-29]
The Township will not be responsible for damages caused by failure to deliver water to any consumer resulting from any cause whatsoever.
[Ord. #142; 1976 Code § 176-30]
Each consumer shall determine at his own risk the check or pressure-reducing valves necessary for him to install in his plumbing connections. The Township shall not be responsible for injury to persons or property because of pressure.
[Ord. #142; 1976 Code § 176-31; Ord. #1251, § I]
All authorized employees or agents of the Water Department shall have the right to enter any building or premises at all reasonable hours for the purpose of carrying out any and all of the provisions of this Chapter, including installation of meters and inspection of meters, standpipes and fire hydrants.
[Ord. #142; 1976 Code § 176-32; Ord. #1190 § I; Ord. #1251, § II; Ord. #1409, § I]
a. 
There shall be an annual rent fee charged to the owners of properties for private standpipes and private fire hydrants. Commencing January 1, 1996 the annual rent fee shall be $300 per standpipe or hydrant.
b. 
All fire hydrants located on private commercial, industrial or residential property shall be inspected by an employee or agent of the Township Water Department on an annual basis. If such inspection results in a determination that the hydrant requires service or repair, written notice shall be given to the private property owner by the Water Department of the required maintenance and/or corrective work along with a direction to perform the required work within seven days. A reinspection shall take place at the end of the seven-day period. If the reinspection indicates that the required work has not been performed, then the Township may perform the work and charge the property owner for the costs of such work and place a water lien upon the property for the costs incurred. Copies of all inspection reports shall be forwarded to the Township Fire Prevention Bureau and Township Fire Department. This paragraph b does not apply to municipally owned fire hydrants located within or adjacent to a public right-of-way.
[Ord. #142; 1976 Code § 176-33]
No explosives of any nature whatsoever shall be stored or used for any purpose within 50 feet of any of the mains or appurtenances of the water supply or distribution system of this Township without permit in writing obtained from the Township Council for that purpose.
[Ord. #999, § I; Ord. #1254, § I; Ord. #1317, § I; Ord. #1333, § I; Ord. #1365, § I; Ord. #1375, § III; Ord. #1416; Ord. #1424; Ord. #1456]
a. 
Outdoor Watering.
1. 
No persons, except agents or employees of the Township of Mahwah, shall cause water obtained from the Township of Mahwah Municipal Water Department and/or water obtained from wells located within the Township of Mahwah to be utilized for outdoor watering within the Township of Mahwah except as set forth in this Section 16-34a. The term "outdoor watering" means watering outdoor areas in the Township of Mahwah.
2. 
Unless a "local water emergency" is declared there shall be no restrictions on outdoor watering between January 1 and April 30 and between October 1 and December 31.
3. 
From May 1 to September 30, inclusive, there shall be no outdoor watering of areas except as follows:
(a) 
Outdoor watering is prohibited all day on Sundays.
(b) 
Outdoor watering is permitted all day at even number street address properties on Mondays, Wednesdays and Fridays.
(c) 
Outdoor watering is permitted all day at odd number street address properties on Tuesdays, Thursdays and Saturdays.
(d) 
For properties without street numbers, properties with street names starting with "A" through "K" shall be considered odd and "L" through "Z" shall be considered even. Community associations and multi-unit properties with several numbers and/or streets shall be assigned odd/even status by the Water Department by written notice.
b. 
Local Water Emergencies.
1. 
The Mayor is authorized and empowered, whenever in his opinion, after receiving a recommendation from the Township of Mahwah Director of the Department of Public Works, to issue an executive order declaring a "local water emergency" and to make such orders, rules and regulations as may be necessary to limit the use of water.
2. 
As used in this section, "local water emergency" shall mean and include any unusual incident, or the imminence thereof, resulting from nature or unnatural causes, which endangers the health, safety or resources of the residents of the Township of Mahwah. "Local water emergencies" include, but are not limited to, excessive demand, periods of prolonged drought, and large scale systems failures.
3. 
During a Local Water Emergency Level 1 the following regulations shall apply:
(a) 
Outdoor watering is prohibited all day on Sundays.
(b) 
Outdoor watering is prohibited on all days between 12:00 midnight and 6:00 a.m.
(c) 
Outdoor watering is permitted at even number street address properties on Mondays, Wednesdays and Fridays:
(1) 
From 6:00 a.m. to 11:00 a.m. by inground installed watering systems, and
(2) 
From 4:00 p.m. to 9:00 p.m. by above-ground watering systems.
(3) 
Those properties watered with an inground sprinkler system shall not also be watered with aboveground hose-fed sprinklers.
(d) 
Outdoor watering is permitted at odd number street address properties on Tuesdays, Thursdays and Saturdays:
(1) 
From 6:00 a.m. to 11:00 a.m. by inground installed watering systems, and
(2) 
From 4:00 p.m. to 9:00 p.m. by above-ground watering systems.
(3) 
Those properties watered with an inground sprinkler system shall not also be watered with aboveground hose-fed sprinklers.
(e) 
Condominium associations, other community associations and multifamily properties comprised of 10 or more multifamily units and/or 10 or more acres with multiple outdoor irrigation watering zones may perform outdoor watering during both time periods 6:00 a.m. to 11:00 a.m. and 4:00 p.m. to 9:00 p.m. on an odd/even basis so long as the maximum watering per zone is limited to one hour per day.
4. 
Local Water Emergency Level 2.
(a) 
Outdoor watering is prohibited all day on Sundays.
(b) 
Outdoor watering is prohibited on all days between 12:00 midnight and 6:00 a.m.
(c) 
Outdoor watering is permitted at even number street address properties on Mondays, Wednesdays and Fridays:
(1) 
From 6:00 a.m. to 9:00 a.m. by inground installed watering systems, and
(2) 
From 6:00 p.m. to 9:00 p.m. by above-ground watering systems.
(3) 
Those properties watered with an inground sprinkler system shall not also be watered with aboveground hose-fed sprinklers.
(d) 
Outdoor watering is permitted at odd number street address properties on Tuesdays, Thursdays and Saturdays:
(1) 
From 6:00 a.m. to 9:00 a.m. by inground installed watering systems, and
(2) 
From 6:00 p.m. to 9:00 p.m. by above-ground watering systems.
(3) 
Those properties watered with an inground sprinkler system shall not also be watered with aboveground hose-fed sprinklers.
(e) 
Condominium associations, other community associations and multifamily properties comprised of 10 or more multifamily units and/or 10 or more acres with multiple outdoor irrigation watering zones may perform outdoor watering during both time periods 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m. on an odd/even basis so long as the maximum watering per zone is limited to one hour per day.
5. 
Local Water Emergency Level 3. During a local water emergency Level 3 all outdoor watering shall be prohibited except as provided for in paragraph c below, "Exclusions".
c. 
Exclusions. The restrictions established by this Section 16-34 shall not apply to:
1. 
The use of recycled water;
2. 
The use of water for protection of public health and safety;
3. 
The use of water for commercial agricultural or commercial horticultural uses;
4. 
The use of hand held hoses;
5. 
Lawn watering by a commercial enterprise engaged in the installation or repair of a lawn irrigation system is allowed on any day, if necessary, to test a customer's newly installed or newly repaired sprinkler system;
6. 
Daily watering of a newly laid sod lawn or a newly seeded grass lawn associated with new construction is allowed for the first 45 days after planting only, starting on the date of planting or sod laying. Documentation of the date of seed planting or sod laying shall be produced upon the request of the appropriate authorities. This provision does not authorize daily watering of "overseeding," that is, of new sod or seed placed to fill in bare spots in established lawn areas;
7. 
Watering following treatment of vegetation with a fertilizer, pesticide or herbicide is allowed for two consecutive days only, starting on the date that the fertilizer, pesticide or herbicide is applied. Documentation of the date that the treatment was applied shall be produced upon the request of the appropriate authorities. Watering under this provision is allowed no more often than once every six weeks;
8. 
Watering athletic playing fields, including those used by professional, college/university, and youth league sports teams, as well as those owned or operated by public and private schools and parks, is permitted within the following limitations:
(a) 
Watering may occur no more frequently than every other day;
(b) 
Only the playing surface of the athletic field may be watered; and
(c) 
Under no circumstances shall a water cannon be used.
9. 
Watering of trees, shrubs, and vegetable and flower gardens is permitted every other day on an "odd/even" basis. Such watering is permitted within the following limits:
(a) 
Water shall be applied with any of the following:
(1) 
A watering can;
(2) 
A hand held hose that does not leak, and is equipped with a nozzle that automatically shuts off when released;
(3) 
An alternative irrigation technology that minimizes water use and is used with a timer to ensure watering for no more than two hours per area watered. Examples of acceptable alternative irrigation technologies are low-pressure water delivery systems that lie directly on or in the ground such as perforated soaker hoses, emitters or drip tube devices;
10. 
The use of existing commercial car/truck working businesses;
11. 
Watering under paragraphs 5, 6, 7 and 8 shall occur:
(a) 
Only between 6:00 a.m. and 9:00 a.m. and between 5:00 p.m. and 9:00 p.m.;
(b) 
All watering authorized herein shall use the minimum amount of water necessary;
(c) 
All watering authorized herein shall be performed in such a way that no puddling or runoff of water occurs;
(d) 
All watering authorized herein shall be performed in such a way that no impervious surfaces are included in the area watered; and
(e) 
During the duration of permitted watering, a sign shall be prominently displayed on the front lawn of the property. The sign shall be at least two feet wide by two feet high, with lettering large enough to be clearly visible from the nearest street or road. The sign shall read:
AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM
Company Name
State Certification Number
Address
Telephone Number
d. 
Rain Sensors.
1. 
All new or expanded automatic lawn sprinkler systems shall be equipped with an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.
2. 
The owner of any property serviced by an automatic lawn sprinkler system existing at the time of the effective date of this section shall be entitled to a one-time credit against future water bills for the reasonable cost of retrofitting the system with a rain sensor device or switch as described in the preceding paragraph d, 1. Proof of payment must be supplied to and approved by the Township of Mahwah Water Department prior to application of the credit.
[Ord. #142; 1976 Code § 176-34; Ord. #999, § II; Ord. #1317, § II; Ord. #1333, § II]
a. 
Any person who shall violate any provision of this Chapter, except Section 16-34, shall upon conviction thereof, be subject to the penalty as stated in Chapter 1, Section 1-5.
b. 
Any person who shall violate any provision of Section 16-34, shall upon conviction thereof, be subject to penalties as follows:
1. 
First offense in a calendar year $50 plus court costs.
2. 
Subsequent offenses in a calendar year up to a maximum of $1,000 per offense as provided for in Chapter 1, Section 1-5.