[HISTORY Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2021 by Ord. No. 21-2583]
The purpose of this article is to limit, restrict and regulate the use of water by residents and commercial institutions during periods of emergencies, as hereinafter defined, in order to ensure public health and safety.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CONVENTIONAL IRRIGATION SYSTEM OR DEVICE
Hose end irrigation systems and automatic irrigation devices.
DRIP/MICRO IRRIGATION
An irrigation method that saves water and fertilizer by allowing water to drip slowly to the roots of many different plants, either onto the soil surface or directly onto the root zone, through a network of valves, pipes, tubing, and emitters.
EMERGENCY
Any period of water shortage or imminent water shortage caused by drought, lack or failure of proper pumping equipment, shortage or other facilities; acts of God or public enemies; or excessive demand upon or use of water facilities or capacity.
HAND-HELD HOSE
A hose designed to be operated while being held in the hand and equipped with a nozzle that automatically shuts off when released.
IRRIGATION
The watering or sprinkling (including automatic sprinkling) of lawns, shrubs and gardens.
NJDEP
The New Jersey Department of Environmental Protection.
NJPDES
The New Jersey Pollutant Discharge Elimination System.
SMART CONTROLLER
A weather-based irrigation controller or soil-moisture-based irrigation controller meeting criteria specified and labeled as being compliant under the United States Environmental Protection Agency Water Sense Program.
WATER
That water obtained, delivered and supplied by a public water supply to the Borough of Bergenfield or pumped from private wells for residential irrigation purposes.
The Borough Administrator (or other official designated by the Mayor and Council) is authorized to enforce the provisions of this article and, in his/her discretion, to determine and declare the existence and extent of an emergency with respect to the water supply. Notification of the water emergency shall be promulgated to all residents and commercial institutions in the most reasonably expeditious manner.
(Enter whatever notice procedures are set for Bergenfield.)
It shall be unlawful and a violation hereof for any person to use water during the emergency period in violation of this article. Any property owner (or occupant) found to be in violation of the provisions of this article shall be subject to a fine up to a maximum of $2,000 per violation, per individual block and lot location.
The following irrigation schedule and water emergency regulations are hereby adopted to become effective as set forth herein:
A. 
Irrigation schedule, effective year round. The emergency stages shall be as follows:
(1) 
Stage I, Pending/Critical: Mandatory restriction for all properties to the use of a hand-held hose on Tuesdays and Saturdays for properties with odd-numbered addresses and Wednesdays and Sundays for properties with even-numbered addresses. No irrigation of any kind shall be allowed on Mondays, Thursdays, or Fridays.
(2) 
Stage II, Critical: Irrigation is prohibited at any time. Exceptions for irrigation using a hand-held hose may be allowed under conditions prescribed by the Borough Administrator.
B. 
Stage I and Stage II emergency regulations shall become effective upon declaration of each stage by the Borough Administrator. The cleaning of cars, houses or property, filling of swimming pools or other outdoor water usage shall be prohibited during Stage I and Stage II.
C. 
Exceptions to the water restrictions shall be determined by the Borough Administrator. The requests for an exception shall be submitted to the Borough Administrator in writing. Exceptions are subject to renewal annually and may be voided at any time due to an emergency. The exceptions may include the following:
(1) 
Outdoor irrigation necessary for the establishment of newly sodded or seeded grass lawns or landscaping within the first 21 consecutive days of planting.
(2) 
Irrigation of lawns or plantings with smart controllers.
(3) 
Outdoor water use from rain harvesting (rain barrels, etc.), gray water, or reclaimed water. Use of gray or reclaimed water must have an approved NJPDES permit issued through NJDEP.
(4) 
Outdoor irrigation necessary for one day only where treatment with an application of chemicals requires immediate watering to preserve an existing landscape or to establish a new landscape.
(5) 
Other outdoor water usage.
D. 
Irrigation shall not be conducted between 10:00 a.m. and 6:00 p.m. on any day. Irrigation using automatic systems may only be used between 3:00 a.m. and 7:00 a.m.
E. 
All automatic irrigation systems shall be equipped with an operational automatic rain sensor device. Each rain sensor device shall be capable of and programmed to interrupt the automatic irrigation cycle when a 1/4 inch of rain has fallen.
The enforcement of the provisions of this article shall be the responsibility of the Borough Code Enforcement Officer and any other officer and/or Borough employee duly appointed by the Borough Administrator.