[1]
Editor's Note: The preamble for this article covering the
findings and determinations of Council reads as follows: "A. The Council
hereby finds that: (1) Protracted periods of high temperatures and
limited rainfall cause excessive demands upon the Wayne Township water
system, resulting in excessive drains upon said system for use not
related to domestic and sanitary purposes and fire protection. (2)
The constantly recurring droughts in this area also result in a lowering
of the normal water levels of the sources of water apply to the Wayne
Township water system. The excessive use of water during said droughts
during the spring, summer and fall months caused by sprinkling of
lawns, shrubbery and gardens and other similar use not related to
the use of water for domestic and sanitary purposes and fire protection
causes a serious reduction in adequate pressure at the higher elevations
of the Wayne Township water system. (3) Grave inequities result whereby
some residents furnished water constantly use water for such sprinkling
while other residents do not receive any water as a result of the
inadequate pressure. "B. The Council hereby determines, after careful
investigation and study and after obtaining competent disinterested
advice, and in the interest of health, safety and welfare of the inhabitants
of the Township, that it is necessary to promptly take all reasonable
precautions and measures to conserve water and to prevent the inequities
hereinbefore mentioned, as hereinafter provided."
A.
This article shall become effective at such time as the Mayor, with the advice and consent of 2/3 of the Council, formally proclaims that, in the judgment of the Mayor and Council, an emergency exists requiring the taking of such measures for the conservation of water for domestic and sanitary purposes and fire protection as are hereinafter specified in § 205-54.
B.
When a water supply emergency, pursuant to the Water Supply Management
Act, N.J.S.A. 58:1A-1 et seq., is declared by the New Jersey Department
of Environmental Protection, Division of Water and Sewers Resources,
emergency provisions established by the State shall be in effect.
The restrictions, regulations, surcharges and penalties contained
therein shall remain in effect until the end of the emergency as declared
by NJDEP.
Upon the making of such proclamation of emergency, the Mayor
shall proclaim whether the emergency is of the type or character requiring
the restricted use of water hereinafter set forth under Subsection
A or B:
A.
Water use for certain acts restricted.
(1)
Shall prohibit, until such proclamation shall be terminated, use
of water from the Wayne Township water system for sprinkling lawns,
shrubbery and gardens and for other related uses on certain days of
the week and during certain hours of the day as specified in a resolution
adopted by the Council based upon recommendations made by the Director
of Public Works, who shall be responsible for investigating all complaints
regarding inadequate water supply. Said Director or the Division of
Water and Sewers under his/her supervision, from time to time, shall
submit recommendations to the Business Administrator for consideration
by the Mayor and Council in determining the need to adopt a resolution
for a proclamation of this type.
B.
Water use for certain acts prohibited.
(1)
Shall prohibit the use of water from the Wayne Township water system
for the sprinkling of lawns, shrubbery and gardens until such proclamation
shall be terminated. Said proclamation shall be based upon recommendations
made by the Director of Public Works, who shall be responsible for
investigating all complaints regarding inadequate water supply, and
based upon results of the investigation made by him or by the Division
of Water and Sewers under his/her supervision. Said Director or employees
under his/her supervision shall, from time to time, submit recommendations
to the Business Administrator for consideration by the Mayor and Council
in determining the need for a proclamation of this type.
Immediately following the issuing of any of the emergency proclamations
hereinbefore provided, notice thereof specifying its type and character
shall be given by the Township Clerk by mailing written notice thereof
to the users of the Wayne Township water system within 48 hours after
the issuing of said proclamation, or by causing said proclamation
of emergency to be published forthwith in a newspaper published or
circulated in the Township.
