Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: The power of the Municipality to provide sewage services and regulate the same is provided by N.J.S.A. 40:63-1 et seq.
[1972 Code § 20-1.1]
Before any building or premises shall be connected with a public sewer, the owner or lessee thereof shall obtain a written permit from the Township Engineer authorizing such connection to be made. Every application for a sewer connection shall be made on the form provided for that purpose.
[1972 Code § 20-1.2; Ord. No. 729-84 § 1]
No person shall repair any curb connection without first obtaining a permit therefor and complying with the provisions of this chapter.
[1972 Code § 20-1.3; Ord. No. 1328-95 § 1]
Permits as herein shall be issued by the Township Engineer on payment of the following fees:
a. 
Where the property shall have been previously assessed for the making of such connection to the curb, an inspection fee of $75 shall be charged.
b. 
Where an owner or lessee has laid a sewer and made the necessary connections to the curb, in accordance with the provisions of this section, there shall be an inspection fee of $75 for each curb connection.
c. 
Where a connection has been made by the Township and is into the curb of any street, and has not been assessed, there shall be a charge of $500.
d. 
The permit obtained from the State or County Highway Department under Section 19-4 shall be delivered to the Township Engineer at the time of making application for curb connections, together with an inspection fee of $75.
[1972 Code § 20-2.1]
All public sewers, sewer connections and drains and all repairs to any sewer, connection or drain shall be constructed and made under the direction and supervision of the Township Engineer and Plumbing Subcode Official.
[1972 Code § 20-2.2]
a. 
No portion of the sewerage system or drains or its connection branches shall be uncovered, nor shall any manhole or flush tank be opened, without a permit to do so, signed by the Township Engineer.
b. 
No highway or public ground shall be opened for the purpose of making any sewer connection; nor shall any pipe of the sewerage system be broken, cut, or removed, nor any connection be made, unless a permit from the Township has been obtained, subject to the approval and supervision of the Inspector of Sewers.
[1972 Code § 20-2.3; Ord. No. 1321-95 § 1]
No person shall discharge or cause to be discharged any storm water, surface water, ground water (except as set forth below), roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
a. 
Direct or indirect discharges of ground water to the Joint Meeting Wastewater Treatment Facilities shall only be permitted under the following circumstances:
1. 
The proposed discharger or applicant has filed an application for and has been issued a Non-Domestic Wastewater Discharge Permit ("Permit") by the Joint Meeting.
2. 
For long-term, continuous discharges, the municipality where the site remediation project of the applicant is located or, at the election of the municipality, the proposed discharger or applicant ("Municipality/Applicant") will be required to identify and eliminate two gallons of infiltration/inflow to the Joint Meeting Wastewater Treatment Facilities for each gallon of ground water to be delivered into the Joint Meeting Wastewater Treatment Facilities on a daily average over the life of the remediation project discharge (2 to 1 offset).
(a) 
The location(s) of the remedial work to be performed by the Municipality/Applicant shall be identified by the municipality and agreed to by the Joint Meeting, through the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August, 1983, and as supplemented, which was previously distributed by Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of nonmember municipalities.
(b) 
The remedial work to be performed by the Municipality/Applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the Municipality/Applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the Municipality/Applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.
(c) 
An applicant may not discharge ground water to the Joint Meeting Wastewater Treatment Facilities until it has obtained a Permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the 2 to 1 offset policy set forth in this regulation.
(d) 
At intervals to be mutually agreed upon by the Municipality/Applicant and the Joint Meeting, the Municipality/Applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting that the Municipality/Applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with paragraph (b) above.
(e) 
The Engineer of the municipality where the remedial work has been performed will be required to submit a Joint Meeting certification stating that the remedial work has been completed and such certification must be submitted within one week of the date of the completion of the work.
(f) 
After the time that the location(s) of the remedial work is identified by the Municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the Municipality/Applicant will be required to submit proof to the Joint Meeting that a Performance Bond in the amount of 100% of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.
3. 
For short-term, batch discharges, the Municipality/Applicant will be required to identify and eliminate two gallons of infiltration/inflow into the Joint Meeting Wastewater Treatment Facilities for each gallon of groundwater to be delivered to the Joint Meeting Treatment Works on a daily average over the life of the remediation project discharge (2 to 1 offset).
(a) 
The material to be discharged from the site of the remediation project may be delivered in tanker vehicles to the Joint Meeting Wastewater Treatment Facilities in Elizabeth, New Jersey for direct discharge at a rate of $0.03 per gallon, for example, $150 per 5,000 gallon trailer, to compensate Joint Meeting for the costs to sample, monitor and process the discharge. The use of this option will be at the reasonable discretion of the Joint Meeting in order to avoid the arrival of a number of trailers that will adversely impact the performance of treatment operations by the Joint Meeting.
4. 
In the event the 2 to 1 offset option is selected with respect to short-term, batch discharges, then the following procedures shall apply:
(a) 
The location(s) of the remedial work to be performed by the Municipality/Applicant shall be identified by the municipality and agreed to by the Joint Meeting, through the use of the Phase III Sewer System Evaluation Report, prepared by Hazen and Sawyer, dated August, 1983, and as supplemented, which was previously distributed by Joint Meeting to each member municipality in the Joint Meeting service area, or such other report as may be available in the case of non-member municipalities.
(b) 
The remedial work to be performed by the Municipality/Applicant shall be completed within a time period that shall not exceed 1/2 of the time frame of the remediation project discharge estimated by the proposed discharger or applicant and approved by the municipality and the Joint Meeting. In the event that extraordinary, unforeseen circumstances occur that will affect the ability of the Municipality/Applicant to meet the time period previously agreed upon by the parties for completion of the infiltration/inflow remedial work, the Municipality/Applicant may seek an extension of the time period through the filing of a written request not less than 60 days before a previously defined and agreed upon milestone, fully describing the extraordinary, unforeseen circumstances and specifying the additional time necessary to complete the remedial work as a result thereof. Such requests for extensions will be considered by the Joint Meeting on a case-by-case basis, and an extension of time shall not be unreasonably withheld.
(c) 
An applicant may not discharge ground water to the Joint Meeting Wastewater Treatment Facilities until it has obtained a Permit and an agreement is reached between the Joint Meeting and the municipality and/or the applicant upon the terms of the remediation work to be performed to satisfy the 2 to 1 offset policy set forth in this regulation should this option be selected with respect to a short-term, batch discharge.
(d) 
At intervals to be mutually agreed upon by the Municipality/Applicant and the Joint Meeting, the Municipality/Applicant shall be required to demonstrate, in written progress reports, to the satisfaction of the Joint Meeting, that the Municipality/Applicant is making definable progress in performing the remedial work so as to be able to complete the work within the time frame established in accordance with paragraph (b) above.
(e) 
The Engineer of the municipality where the remedial work has been performed will be required to submit to the Joint Meeting a certification stating that the remedial work has been completed and such certification must be submitted within one week of the date of the completion of the work.
(f) 
After the time that the location(s) of the remedial work is identified by the Municipality and agreed to by the Joint Meeting, but prior to the initiation of the remedial work, the Municipality/Applicant will be required to submit proof to the Joint Meeting that a Performance Bond in the amount of 100% of the value of the remedial work and naming the Joint Meeting as a co-obligee has been issued to ensure that such work is completely performed.
5. 
The ground water to be discharged to the Joint Meeting Wastewater Treatment Facilities pursuant to a Permit will be, at all times, subject to analyses by the Joint Meeting, at the sole cost of the applicant, to ensure that the proposed discharge shall meet the quality limits as set forth in these Sewer Use Rules and Regulations. At any time during the period of the discharge of ground water to the Joint Meeting, a failure by the applicant to meet such quality limits shall be the basis for a revocation of the Permit and a discontinuation of the discharge, and/or such enforcement measures as are authorized by law to be taken by the Joint Meeting.
6. 
The proposed discharger or applicant shall be obligated to institute pretreatment measures prior to the direct or indirect discharge of ground water to the Joint Meeting in the event the ground water fails to meet the parameters for acceptance of the discharge set forth in the Sewer Use Rules and Regulations.
7. 
Credits for future discharges of ground water through the removal of infiltration/inflow pursuant to the above provisions may be accumulated or "banked"; however, such credits may only be transferred in accordance with ownership of the site identified as the source of ground water at the time of the performance of the remediation work.
[1972 Code § 20-2.4]
No house sewer connected with the sewerage system shall be connected with any privy vault or cesspool or underground drain, or with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the Inspector of Sewers.
[1972 Code § 20-2.5]
The Council may at any time, in its discretion, stop and prevent the discharge into the sewerage system of any substance deemed by it likely to damage the sewerage system, or to interfere with its normal operation, or to obstruct the flow, or to hinder any process of sewage purification. In its discretion, without notice and without recourse, the Council may sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged.
[1976 Code § 20-2.6]
Before any sewerage work or drainage is done or commenced in or upon any property to be connected with the sewer system, and before any alterations or additions are made to old sewerage or drainage work, plans and description of the proposed work shall be filed in duplicate in the office of the Township Engineer, accompanied by an application for approval of the plan, and for the issuance of a permit to do the work. The plans, descriptions and specifications shall conform to all provisions of this chapter and to all the rules and regulations which are or may hereafter be made concerning this work.
[1972 Code § 20-2.7]
No work may be commenced until the plans are filed and a permit is issued by the Engineer. The permit shall be valid for a period of 60 days after issuance, and shall become void after the expiration of this period of time. For each permit, the fee shall be in accordance with subsection 19-1.3, and shall be paid to the Township, to be used in defraying the cost of inspection and tests.
[1972 Code § 20-2.8]
a. 
Before granting a permit in accordance with subsection 19-2.6, the Council may require the applicant to furnish a bond with one or more sureties acceptable to the Council. The bond shall be conditioned that:
1. 
The applicant shall indemnify and save harmless the Township, the Council, and the officers, employees and officials of the Township, from all suits and actions of every name and description brought against the Township or any officer, employee or official of the Township for or on account of any injury or damage received or sustained by any person in consequence of, or resulting from, any work performed by the applicant, his/her servants, agents or contractors or subcontractors, or from any improper materials used in the work, or from any negligence in guarding the work, or from any act or omission of the applicant, his/her servants, agents, contractors or subcontractors.
2. 
The applicant shall faithfully perform or cause to be performed the work in all respects and shall replace and restore that portion of any street in which the applicant, his or her servants or agents, contractors or subcontractors shall make any excavation, to as good condition, of which the Council shall be the judge, as that in which the same was before the work was performed, and shall also keep and maintain the street in like good condition to the satisfaction of the Council for the period of one year.
3. 
The Council may within that year, with or without notices to the applicant, repair the street or cause it to be repaired, and that the cost thereof shall be paid forthwith by the applicant upon demand.
4. 
The applicant shall comply in all respects with the rules and regulations established by the Council relative to the work, and shall pay all fines imposed upon him for violation of this chapter or of any such rule or regulation.
b. 
The bond shall be in the sum of $1,000 for one connection, and in the sum of $500 for each additional connection. Applications for more than one connection shall show that all connections are to be made within 60 days from date of application.
[1972 Code § 20-3.1]
The owner or lessee of every property on which there is erected, or on which there shall hereafter be erected any dwelling house, store or other building, containing a toilet, sink, bathtub, washbowl, or other receptacle for the receipt and discharge of refuse, water or sewerage, abutting on any street in which there shall have been constructed a sanitary sewer or sewers, shall connect such toilet, sink, bathtub, washbowl or other receptacle in the building with the sewer. All such connections shall be constructed and made by a plumber licensed by the Township, at the expense of the owner or lessee of the property connected, and under the supervision of the Township Engineer or Plumbing Inspector.
[1972 Code § 20-3.2]
Sewers under streets or under a right-of-way for sewer purposes required by the Township shall be known as "main" or "lateral" sewers as the case may be. Sewer connections from a main or lateral sewer to the curbline shall be known as "curb connections." Sewers from the curbline to the exterior end of the iron pipe outside a building shall be known as "house laterals." All pipes within a building and to the exterior end of the iron pipe outside thereof shall be known as the "house plumbing system."
[1972 Code § 20-4]
Where any work to be done in accordance with the provisions of this chapter shall necessitate the opening of a State or County road or highway, the owner or lessee shall, prior to his/her making application to the Township Engineer as herein provided, obtain the necessary permit for the work from the Essex County Highway Department or from the State Highway Department.
[1972 Code § 20-5]
Where there is a main or lateral sewer in the street but no curb connection, the owner or lessee shall engage a plumber licensed by the Township to carry the connection to the curb. The licensed plumber shall open the street and connect with the "T" or "Y" in the main sewer or lateral sewer, or at such place as the Township Engineer may designate. The licensed plumber shall connect to the "T" or "Y" branch, or make his own connection to the main or lateral sewer with a cast iron "M.T." connection. All aforesaid work by the licensed plumber shall be done under the supervision of the Township Engineer or Plumbing Inspector. The licensed plumber shall not commence to refill any openings or excavations until all of the work with respect to the connection to the main or lateral sewer to the curb has been approved by the Township Engineer or Plumbing Inspector.
[1972 Code § 20-6]
All curb connections shall be constructed and made of four inch extra-heavy, cast iron soil pipe and jointed with oakum and lead. Trenches shall be backfilled by hand and well tamped and not puddled, and no openings shall be made by tunneling.
[1972 Code § 20-7]
All applicants, and their servants, agents, or employees shall adequately protect any openings or excavations so as to avoid injury or damage, and shall keep adequately lighted any such excavation or opening during the nighttime.
[1972 Code § 20-8]
All permits granted under this chapter may be revoked for sufficient cause after hearing by the Township Council. No person shall have the right to demand or claim any damages from the Township by reason of such revocation.
[1972 Code § 20-9.1; Ord. No. 784-85 § 1; Ord. No. 824-86 § 1; Ord. No. 1328-95 § 2]
In addition to the sewer permit fees set forth in this chapter, all new construction in the Township shall be subject to the following sewer permit fee schedule:
Single family residential units of all types
$2,300
Office use per gross floor area
$1.43/square feet
Commercial use per gross floor area
$1.43/square feet
Hotels per bedroom
$862
Motels per bedroom
$690
Restaurants per seat
$690
Bars, counter restaurants, etc., per seat
$230
Permit fees for uses not specifically enumerated shall be determined by the Township Engineer using New Jersey Department of Environmental flow rate standards, if available, and a fee rate of $11.50 per gallon of sewage generated per day.
[Ord. No. 1328-95 § 2]
In addition to the sewer permit fees set forth in this chapter, all new construction in the Township tributary to the Vitro Sewage Pump Station shall be subject to the following sewer permit fee schedule:
Single family residential units of all type
$300
Office use per gross floor area
$0.19/square feet
Commercial use per gross floor area
$0.19/square feet
Hotels per bedroom
$112.50
Motels per bedroom
$90
Restaurants per seat
$90
Bars, counter restaurants, etc., per seat
$30
Health Club use per gross floor area
$0.19/square feet
Permit fees for use not specifically enumerated shall be determined by the Township Engineer using New Jersey Department of Environmental flow rate standards, if available, and a fee rate of $1.50 per gallon of sewage generated per day.
[1972 Code § 20-9.2; Ord. No. 784-85 § 2]
The Township Engineer shall certify to the Township Construction Official that all sewer permit fees, in accordance with subsections 19-1.3 and 19-9.1 have been paid in full to the Township of West Orange prior to the issuance of a Certificate of Occupancy.
[1972 Code § 20-4.3; Ord. No. 784-85 § 3; Ord. No. 2235-09 § 1]
a. 
Water Conservation Guidelines for All Users Including Residential, Commercial, Academic, Municipal Properties and Parks and Recreation Fields. Except as may be further restricted in accordance with Chapter 19, subsection 19-9.6b below, the use of water within the Township of West Orange, regardless of the source of water (public or private) shall consider to the following:
1. 
All citizens shall be urged to observe indoor conservation measures at all times; and
2. 
All citizens shall be urged to limit lawn watering.
(a) 
Limit watering of lawns to 20 minutes three times per week when rain is absent.
(b) 
Water during times of less evaporation at early morning or early evening.
(c) 
Water shrubs and flowers with a hand held hose with automatic shut off nozzle or soaker hose or drip irrigation.
(d) 
Wash vehicles with a hand held hose equipped with an automatic shut off nozzle when not using a commercial car wash.
(e) 
Restrictions identified in Chapter 19, subsection 19-9.6 shall supersede those stated in this Chapter when the Township of West Orange Mayor declares a Declaration of Water Emergency.
(f) 
In order to encourage participation in water conservation and practice the guidelines set forth in this subsection, an email blast will be sent quarterly to emphasize the significance of conserving our natural resources.
(g) 
State of New Jersey requirements shall supersede when more stringent than Township of West Orange Water Conservation Guidelines.
b. 
Automatic Sprinkler/Irrigation Requirement. Per NJ P.L. 2000, c.107 (see N.J.S.A. 52:27D-123.13), operational automatic rain sensor devices are required for all sprinkler/irrigation systems installed after September 8, 2000 to ensure that watering does not occur during periods of rain.
1. 
In addition, all automatic sprinkler/irrigation systems installed prior to September 8, 2000 must be equipped with an operational automatic rain sensor device by April 1, 2010 making this requirement for all systems.
2. 
Enforcement of Rain Sensors on Automatic Sprinkler/Irrigation Systems. The automatic rain sensor requirement imposed pursuant to this section shall be enforced by the local authorized official.
3. 
Penalties. A warning will be issued for a first offense, and upon the verification for a second offense, green service may be delegated. Any person or business that thereafter violates the water use restrictions imposed pursuant to this section requiring rain sensors shall be subject to the penalty provisions of the Township of West Orange Section 1-5.
[1972 Code § 20-9.4]
Subsection 19-9.1 shall not be applicable to:
a. 
Existing one and two family lots where the properties were previously assessed by ordinance for a sanitary sewer main extension.
b. 
New buildings constructed in those specific census tracts of the Township which have been classified by HUD as economically depressed.
[Ord. No. 2235-09 § 2]
a. 
Declaration of Water Emergency. A water emergency may be declared:
1. 
Upon action by declaration of the Mayor of the Township of West Orange:
(a) 
Whenever the Municipal Engineer in his or her professional judgment finds that emergency conditions exist within the Municipality, he or she shall recommend to the Mayor of the Township of West Orange that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in Chapter 19, subsection 19-9.6b below are appropriate. Factors which the Municipal Engineer may consider in making said recommendation include, but are not limited to, the following:
(1) 
Lack of precipitation for an extended time period;
(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 United States Geological Survey, New Jersey Geological Survey or other wells monitored by agencies of the United States or New Jersey; or
(7) 
Evidence of low or dirty water yields in private wells in the Municipality.
(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 Mayor of the Township of West Orange may accept the Municipal Engineer's recommendation and findings, or any portion thereof, and declare a water emergency in the Municipality.
(c) 
Upon declaring a water emergency the water use restrictions as stated below or as defined by the State of New Jersey, if more stringent, shall take effect until the declaration has been lifted.
b. 
Water Use Restrictions. Upon declaring that a water emergency exists in the municipality in accordance with Chapter 19, subsection 19-9.6a.
1. 
All citizens shall be urged to observe voluntary indoor conservation measures; and
2. 
Water uses and restrictions including but not limited to the below may be included in a Water Emergency Resolution:
(a) 
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;
(b) 
The 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;
(c) 
The washing of driveways, sidewalks, decks, patios or paved areas;
(d) 
The serving of water in restaurants, clubs, or eating places unless specifically requested by patrons;
(e) 
The use of fire hydrants by fire companies for testing fire apparatus and for Fire Department drills except as the Municipal Fire Chief deems necessary in the interest of public safety;
(f) 
The use of fire hydrants by municipal road departments, contractor, and all others, except as necessary for fire fighting or protection purposes;
(g) 
The use of water for all outdoor recreational purposes;
(h) 
The washing of outside of dwellings, buildings, or other structures, except windows;
(i) 
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;
(j) 
The washing of streets via a street sweeper, except in those instances where Reclaimed Water for Beneficial Reuse (RWBR) is authorized under a valid New Jersey Pollutant Discharge Elimination System (NJPDES) Permit.
(k) 
Any other water use activity specified by the Mayor of the Township of West Orange in the resolution required by Chapter 19, subsection 19-9.6a. above which is reasonable under the circumstances considering the nature and extent of the water emergency.
3. 
The following restrictions may be imposed on the water uses stated in Chapter 19, subsection 19-9.6b.
(a) 
Limiting all outdoor usage which is not strictly prohibited by this subsection to the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.
(b) 
The watering of any single area shall not exceed 30 minutes per day.
(c) 
Any other restriction specified by the Mayor of the Township of West Orange which is reasonable under the circumstances considering the nature and extent of the water emergency.
4. 
Any water use restriction imposed pursuant to this subsection may be amended by the Mayor of the Township of West Orange to add, alter, or delete any restriction in subsection at any time during the water emergency.
5. 
Any water use restriction imposed pursuant to this subsection shall apply equally to both users on privately owned wells and users served by a public water system, currently a private water purveyor.
6. 
Nothing in this subsection shall be read so as to prohibit, restrict or limit water usage where a bona fide health emergency exists.
c. 
Duration of Water Emergency. Whenever the Municipal Engineer in his or her professional judgment finds that the emergency drought conditions in the Municipality have abated, he or she shall recommend to the Mayor of the Township of West Orange that the water emergency cease. Upon such a recommendation to cease, the Mayor may declare the water emergency ended and the water use restrictions identified in Chapter 19, subsection 19-9.6b inapplicable.
d. 
Notice. Reasonable attempts shall be made to notify citizens and residents of the Municipality of the existence of a water emergency, the restrictions imposed, and the penalties for violations.
e. 
Enforcement of Water Use Restrictions. The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. The local authorized official shall enforce violations of the water use restrictions regardless of the source of the water.
f. 
Penalties. After a warning for a first offense in accordance with Chapter 19, subsection 19-9.6d of this subsection, any person or business that thereafter violates the water use restrictions imposed pursuant to this subsection shall be subject to the penalty provisions stated in the West Orange ordinance, Section 1-5.
Historical Note:
Many parts of this ordinance were taken from the NJDEP model ordinance and modified to serve the needs and circumstances of the Township of West Orange as part of the Sustainable New Jersey Program requirement. Pursuant to N.J.S.A. 40:48-2, the Township of West Orange has the power to adopt ordinances necessary and proper for the protection of persons and property, and the preservation of the public health, safety and welfare. Taking steps to ensure clean, wholesome, and adequate water supplies is a high priority in protecting the health, safety and welfare of the Township of West Orange. This Ordinance is meant to protect the water supplies within the Township of West Orange and afford the greatest beneficial use to the Township's citizens and businesses, who depend on current water supplies for their livelihood, health, welfare, and economic production. The Ordinance is also part of the general recognition of the importance of indoor and outdoor water conservation, protecting our natural resources and promoting alternative water usage methods. Many of the provisions within this Ordinance are also in response to the water resources associated with the Township of West Orange having been threatened in the past due to drought conditions. As to some of the specific provisions:
Section 1.a This ordinance urges water conservation guidelines for indoor and outdoor water usage to promote and protect natural water reserves and private well supplies in the Township of West Orange during non-emergency times.
Section 1.b This ordinance establishes the requirement for automatic sprinkler/irrigation systems built before September 8, 2000 to install rain sensor devices before April 1, 2010 so these automatic systems will not water when it is raining. The State of New Jersey already requires systems installed after September 8, 2000 to meet this requirement. This section is enforceable by the local official.
Section 1.a.2.(d) West Orange has one commercial car wash whereby water is recycled.
Section 1.b.3 Could include but not limited to promoting water conservation projects, litter patrols or service at the environmental center.
Section 2. This ordinance defines water restrictions during an official water emergency.
Note: Commercial Properties including Golf Courses are encouraged to develop water conservation plans for their facilities.
[Ord. No. 1233-94; Ord. No. 1319-95; Ord. No. 1428-97 §§ 1, 2; Ord. No. 1489-98 §§ 1, 2; Ord. No. 1591-99 §§ 1- 3; Ord. No. 1597-99 §§ 1, 2; Ord. No. 1871-03; Ord. No. 1938-04 § II; Ord. No. 2003-05 § II; Ord. No. 2371-13; Ord. No. 2478-16]
a. 
All charges established and provided from herein shall be assessed against the owners of property for which the sewerage or waste water emanates, respectively, and shall be collected annually on the first day of April of each year;
b. 
The dwelling unit rate for the year 2016, and for each year thereafter, shall be the sum of $350 per unit.
c. 
Reduced Billing for Certain Seniors and Certain Permanently and Totally Disabled Persons. The Township desires to provide certain reduced sewer billing charges for certain seniors and certain permanently and totally disabled persons.
1. 
Persons Affected. There shall be a reduction in the annual sewer usage charge which is charged to or collected from persons residing in the Township of West Orange who qualify for a real property tax deduction on dwelling houses as qualified New Jersey residents, senior citizens, disabled person, or surviving spouses pursuant to N.J.S.A. 54:4-8.4 et seq.
2. 
Amount of Reduction. The amount of the reduced sewer charge available to eligible persons as defined under paragraph c shall be 25% less than the amount fixed annually by Township Ordinance.
[Ord. No. 2057-06 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of West Orange, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to leaks, flows or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including but not limited to, those pollutants regulated under Section 307(a), (b) or (c) of the Federal Clean Water Act (33 U.S.C. 1317(a), (b) or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Township of West Orange or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides or biocides to control fouling of equipment such as heat exchangers and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2057-06 § 3]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of West Orange any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste other than stormwater.
[Ord. No. 2057-06 § 4]
The provisions of this section shall be enforced by the Director of Public Works or his/her authorized designee, the Director of the Department of Health or his/her authorized designee and/or the Director of the Department of Planning and Development or his/her authorized designee.
[Ord. No. 2057-06 § 5]
Penalties shall be determined in accordance with West Orange Revised General Ordinances, Chapter 1, Section 1-5.
[Ord. No. 2056-06 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Township of West Orange or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2056-06 § 3]
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of West Orange is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 2056-06 § 4]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from the equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2056-06 § 5]
The provisions of this section shall be enforced by the Director of Public Works or his/her authorized designee, the Director of the Department of Health or his/her authorized designee, the Police Director or his/her authorized designee and/or the Director of the Department of Planning and Development or his/her authorized designee.
[Ord. No. 2056-06 § 6]
Penalties shall be determined in accordance with West Orange Revised General Ordinances, Chapter 1, Section 1-5.