[Adopted 10-23-2023 by Ord. No. 23-11]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Chatham and/or the Chatham Borough Water Utility.
A licensed vendor that contracts with the Borough to replace
lead service lines or is retained by an owner to replace lead service
lines.
A building or structure or part thereof containing one or
more dwelling units. This article shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities that
are used or designed to be used for living, sleeping, cooking, eating,
or bathing.
A water line on private property that is not lead-free (including
a galvanized pipe that is or has been connected to any upstream component
made of lead or unknown material) that is connected to the Borough's
main water line and that runs from the water main into the structure
or building. This definition includes service lines composed of lead,
galvanized iron or steel pipe.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or who has equitable title
and is either in actual possession or collects rents therefrom; or
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner; or as mortgagee; or as vendee in possession either
by virtue of a court order or by agreement or voluntary surrender
of the premises by the person holding the legal title; or as collector
of rents that has charge, care, or control of any dwelling or rooming
house.
It is hereby established that lead service lines are prohibited
in the Borough of Chatham and any existing lead service lines are
required to be replaced under the procedures established by New Jersey
law and the Borough Code.
An owner shall be excluded from the requirements of this article
by providing the Borough, within 180 days of the effective date of
this article, with written documentation from a licensed and certified
plumber that there is not a lead service line on the subject property
and/or that the lead service line was previously removed and replaced.
Alternatively, the Borough may accept other competent evidence in
its discretion that demonstrates that there is not a lead service
line on the property.
The owner of any dwelling, building, or structure serviced by
a lead service line is required to replace any lead service line on
its property in the manner established by this article.
The owner of a dwelling, building, or structure shall replace
a lead service line by either of the following methods:
A.
Registering for the Borough's Lead Service Line Replacement
Program within 180 days after the effective date of this article and
authorizing the Borough's designated contractor access to the
subject property to conduct the replacement. The owner shall execute
any necessary documents supplied by the Borough and/or its contractor
allowing for access to the subject property in order to verify whether
a lead service line is present on the property, under such terms and
conditions as the Borough may determine. If the service line is found
to be lead or galvanized, the Borough will replace the service line
and the owner will be assessed the cost of the replacement of the
lead or galvanized service line. The cost of such replacement will
be paid by the owner to the Borough, either at one time or over a
period not to exceed five years pursuant to N.J.S.A. 40:56-35, with
legal interest thereon waived by the Borough.
B.
Replacing the lead service line using the owner's selected contractor.
If an owner selects this option, then replacement must be completed
within 180 days of the effective date of this article. An extension
of time may be granted at the Borough's discretion if the owner
can demonstrate, to the satisfaction of the Borough's designee,
that a good faith effort has been made to comply with this article.
Upon replacement of the lead service line, the owner must provide
the Borough with sufficient proof that the work has been successfully
completed. Proof shall include all of the following minimum documentation:
(1)
A permit issued by the Borough to a licensed plumber authorized to
perform the replacement;
(2)
An invoice from the contractor who completed the replacement; and
(3)
An inspection report by a licensed plumbing inspector confirming
the replacement has been completed in accordance with all applicable
codes and standards.
If the owner of a dwelling, building, or structure does not register for the Lead Service Line Replacement Program or does not replace a lead service line within 180 days of the effective date of this article (or upon the expiration of any extension granted), then the Borough shall have the authority to enter any property within the Borough to perform a lead service line replacement. The Borough shall provide the owner and any residents of the property with notice at least 72 hours before entering the property, except in the case of an emergency as determined by the New Jersey Department of Environmental Protection, and shall follow the procedures established in N.J.S.A. 58:12A-39 in all respects. The Borough will thereafter provide a bill for the cost of the lead service line replacement to the owner and payment shall be made within 30 days of the billing date. If the Borough does not receive payment by that date, then late charges may be imposed as provided for in § 267-6C(1), and a lien shall be placed upon the property as provided for in § 267-6D, in addition to the penalties established in § 267-26.
A.
Upon the sale or transfer of ownership of any dwelling, building, or structure within the Borough that has not been exempted from the requirements of this article pursuant to § 267-21, or except as set forth in § 267-25B, the owner must provide proof to the Borough that the lead service line has been replaced in order to receive a certificate of occupancy or a certificate of continuing occupancy.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalties established by § 1-14 of the Borough Code.
