[Adopted 10-23-2023 by Ord. No. 23-11]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Chatham and/or the Chatham Borough Water Utility.
CONTRACTOR
A licensed vendor that contracts with the Borough to replace lead service lines or is retained by an owner to replace lead service lines.
DWELLING
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.
DWELLING UNIT
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.
LEAD SERVICE LINE
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.
LEAD-SAFE
Any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
OCCUPANT
A person or persons in actual possession of and living in the building or dwelling unit.
OWNER
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.
[Amended 12-8-2025 by Ord. No. 25-18]
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.
(1) 
In the event that any installment shall remain the unpaid for 30 days after the time in which the same shall have become due, then the Borough may take the following steps:
(a) 
Determine that the whole assessment or balance due thereon shall become and be immediately due and shall draw interest at the rate imposed upon the arrearage of taxes in the Borough; or,
(b) 
Determine, by Governing Body resolution, that the property owner may pay only the amount of the delinquent payment and any interest on the delinquent payment that has accrued from the date that the installment was due and payable until the date that payment of the delinquent installment is made. After the delinquent installment is satisfied, the person assessed shall be reinstated on a regular installment payment schedule.
(2) 
All assessments made pursuant to the Lead Service Line Replacement Program shall remain a lien on the property that is participating in the Program until all installments and accrued interest thereon shall be paid. In the event a property owner fails to make any required payment, the Borough shall have the right to enforce the lien and take any other appropriate collection action necessary and appropriate, using any mechanism available under New Jersey law.
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.
B. 
Upon the sale of any Borough-owned property, within 90 days of the closing, the buyer is responsible for replacing the lead service line as provided for in § 267-23.
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.