[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 11-30-2023 by Ord. No. 23-22. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Florham Park.
A vendor licensed to perform plumbing services or excavation
work, including replacing lead service lines.
A water service line comprised of lead or galvanized steel,
including pipes, connectors, goosenecks, and all other components,
on private property that leads to the structure or building that is
connected to the main Borough of Florham Park water line.
The owner of any residential, commercial, or educational
institution property located within the service area of the Borough.
Any person in actual possession of and living in a house
or residential unit on the property of an owner.
The Water Utility Division of the Water and Sewer Utility
of the Borough of Florham Park.
It is hereby established that the existence of LSLs is prohibited
in the Borough of Florham Park. This prohibition applies to existing
service lines as well as any future service lines.
A.
The Borough shall develop a Lead Service Line (LSL) Replacement Program,
consistent with applicable state statutes, which program shall be
administered by the Utility. The Lead Service Line Replacement Program
shall include but not be limited to establishing an inventory of LSLs
in the Borough, providing notice to owners as required by law, entering
into contracts with contractors to replace LSLs, replacing LSLs by
Water Utility staff as part of emergency main repairs, and maintaining
a database of records of current and scheduled replacement of LSLs.
B.
The owner of any residential, commercial, or educational institution
property located within the service area of the Borough that is serviced
by an LSL is required to replace the LSL on such property. The replacement
of the LSL must be completed within 180 days after an LSL is identified.
An extension of time may be granted by the Water Utility Division
Director, or the Director's designee, where the owner can demonstrate
that a good faith effort has been made and is continuing to be made
to comply with this chapter.
C.
The means of replacement of an LSL shall be by any of the following
methods:
(1)
The owner of any residential, commercial, or educational institution
property located within the service area of the Borough may sign up
for the Lead Service Line Replacement Program offered by the Borough
of Florham Park; or
(2)
The owner may replace the lead service by utilizing a contractor
of the owner's choosing, at the property owner's expense,
and subject to the issuance of a permit by the Borough for the work
to be performed by a licensed contractor. If an owner selects this
option, then replacement must be completed within 180 days after an
LSL is identified. After the LSL is replaced, the property owner shall
submit to the Utility a report from the contractor verifying the replacement
of the LSL, including the disposition or abandonment of the LSL. No
reimbursement of LSL replacement will be made to the owner.
A.
Pursuant to N.J.S.A. 58:12A-39, the Borough or the contractor hired
by the Borough shall have the right to enter the property to perform
an LSL replacement, as provided herein.
B.
In the event that a property owner does not sign up for the LSL Replacement
Program and has not provided verification to the Borough that the
owner has had a contractor undertake an LSL replacement, then the
Utility shall attempt, in person, to inform the owner of the property,
and any residents on the property, of the proposed date and time of
the LSL replacement. If the owner and any residents are unable to
be notified in person, then the Utility shall send a notice of the
date and time of the proposed LSL replacement to the property and
any residents by certified mail and shall also post a written notice
in a prominent location. The certified mail and posted notice shall
include:
(1)
The scheduled date and time of the LSL replacement and who will be
performing the replacement, which shall be not less than 10 days prior
to the date of the mailing.
(2)
The likely extent of water service disruption.
(3)
Nearby locations where the Utility or a public water system is distributing
supplementary drinking water, if any.
(4)
Any remedies the Utility shall take if the Utility, or an agent thereof,
is unable to access the property.
C.
After the LSL replacement is complete, the Utility shall send the
owner, by certified mail, a notice stating the approximate time that
the replacement occurred and providing a brief summary of the work
performed.
A.
Prior to the sale or transfer of ownership of any residential, commercial,
or educational institution property located within the service area
of the Borough, the purchaser must obtain from the Borough proof of
compliance with this chapter by any of the following means:
(1)
Obtain verification from the Borough that the subject property is
not on the inventory list of properties maintained by the Borough
that are serviced by an LSL. If the composition of the water service
line is unknown, then the purchaser must arrange with the Water Utility
to identify the service line.
(2)
If the subject property is on the inventory list of properties maintained
by the Borough that are serviced by an LSL, obtain documentation to
the effect that the current owner has signed up for the Lead Service
Line Replacement Program.
(3)
Obtain verification that the current owner has previously had the
LSL replaced and submit verification of such replacement to the Borough.
B.
The Water Utility shall maintain such records as are necessary to
implement the proof of compliance requirement set forth herein.
C.
For contracts of sale or transfer entered into prior to the date
of adoption of this chapter, the Utility may accept an affidavit from
the prospective purchaser that the purchaser will comply with this
chapter, in lieu of the compliance requirements set forth in this
section.
D.
Once the LSL has been replaced, the ownership and maintenance of
the service line from the curb shutoff valve box to the home or structure
shall be the total responsibility of the property owner. Restoration
of landscaping will be limited to trench excavation restoration only.
The Borough or its agents will not be responsible for any driveway,
walkway, retaining wall, tree, bush, or other private property repair/replacement
due to the installation of the new service line. The Borough or its
agents will not be responsible for any future damage, repairs, replacements,
or any other work that may be necessary with regard to the new service
line, regardless of the cause for such work. The property owner's
use of the new service line shall constitute the owner's full
acceptance of and responsibility for the new service line.
Violations of this chapter by any person or corporation shall be punishable as set forth in the general penalty section of this Code in § 1-16.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed as to such inconsistencies.
If any article, section, subsection, paragraph, phrase, or sentence
is for any reason held to be unconstitutional or invalid, said article,
section, subsection, paragraph, phrase, or sentence shall be deemed
separable.
This chapter shall take effect upon final publication as provided
by law.
