[HISTORY: Adopted by the Township Council
of the Township of Galloway as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-3-1985 by Ord. No. 816]
As used in this article, unless a different
meaning clearly appears from the context, the following words shall
have the following meanings:
Any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes or occupancy by persons,
whether temporary or permanent, or in which water is used for human
consumption or otherwise.
When used with respect to a building constructed prior to
the date of initial operation of a waterline available to serve said
building, which is owned or operated by the township or by a private
utility authorized to do business in the Township of Galloway, shall
mean the 180th day next ensuing after the waterline is available to
serve said building. Any building built after the date when a waterline
is available to serve said building shall connect to such waterline
at the time such construction is completed and prior to occupancy.
Any pipe or conduit designed or used for the transmission
of potable water within the township, whether owned and operated by
the township itself or any regulated public utility authorized to
supply water for domestic and other purposes within the Township of
Galloway.
The owner of any building or lot which the Department
of Environmental Protection has declared in writing to the Township
of Galloway to have been adversely affected by hazardous substances
or potentially adversely affected by hazardous substances emanating
from a toxic spill which has upon it, for use in connection with domestic
or nondomestic purposes, a well or wells, the water of which either
has been contaminated or is exposed to a high potential of contamination,
shall, when a public water supply is made ready and available for
hookup in the street upon which said lot or building fronts, within
250 feet of said lot or building, whichever is greater, do the following:
A.
Cap and fill so as to permanently destroy any water-producing capacity of any well located upon said premises, whether used for domestic or nondomestic purposes, within 30 days after such time as public water, as referred to in Subsection B below, has been hooked up to said building or within 60 days of notice received to hook into said public water supply as hereinafter set forth, whichever first occurs. The owner of any building which has been hooked up to a public water supply prior to the effective date of this article and/or which is located in the Pomona Oaks section of Galloway Township shall comply with the terms and conditions of this article within 30 days of the effective date by permitting the contractors heretofore hired by the township to complete said work, unless the time is otherwise extended in writing by the township.
B.
Hook into the public water supply so that said public
water supply shall be used for all domestic purposes, dwelling purposes
or for any purpose relating to human occupancy within 60 days of notice
being given to said owner. Nothing contained in this subsection shall
prevent the use of said public water supply for uses other than domestic.
[Added 7-9-2002 by Ord. No. 1510]
All privately owned water wells which are currently
used to provide potable water within an area delineated by the New
Jersey Department of Environment Protection as a currently known extent
(CKE) of groundwater contamination shall dismantle and permanently
seal their wells. Well sealing shall be done in accordance with the
law, including the requirements of N.J.A.C. 7:9-9 (or subsequent amendments)
within 30 days of the date that centrally supplied water service becomes
available to each structure which had been supplied with well water
in the past. All buildings and structures in the CKE previously supplied
with privately owned wells used to supply potable water must be connected
to the centrally supplied public water service. Exemptions to this
requirement for well sealing, if any, may only be granted by the New
Jersey Department of Environmental Protection.
[Amended 6-28-2005 by Ord. No. 1609]
Every connection required by this article shall
comply in all respects with the 2000 National Standard Plumbing Code
as adopted by the New Jersey Uniform Construction Code of the Township
of Galloway, the Uniform Construction Code[1] or such other code, ordinance or statute as shall be in
force and effect at the time connection is required.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
Upon receipt by the Township Manager or his designee of notification from the Township Council or from the private utility authorized to do business in the township that any waterline is available to serve buildings on any properties in the township as described in § 329-2 above, the Township Manager or his designee shall order each owner of a building within 250 feet of the waterline or of a lot within 250 feet of such waterline to connect each building on such property with said waterline in accordance with the terms of this article.
A.
The township shall designate one of its proper officers to give notice to the owner of property with respect to which an order is issued pursuant to § 329-4.
B.
Such notice shall be addressed to the owner of said
property as the name of the owner appears in the last tax duplicate
of the Township of Galloway and shall describe the property by lot
and block designation as the same appears in the Tax Map of the Township
of Galloway and by the street address if a street address exists.
The notice shall state that by order of the township the owner is
required to connect each building on said property with the waterline
and cap and fill any well located on the property, in accordance with
the terms of this article, on or before the connection date with respect
to such building or, if such connection date shall have passed, within
30 days after service of such notice as hereinafter provided, and
said notice shall also describe the penalty which may be imposed hereunder
for failure to comply with said notice and order in accordance with
the terms of this article. Said notice may also be served within or
without the limits of the Township of Galloway by mailing the same
by certified mail to the last known post office address of said owner
as the same appears on the last tax duplicate of the Township of Galloway.
C.
Said notice may be served on the owner personally
or by leaving it at his usual place of abode with a member of his
family above the age of 18 years.
A.
In the event that any person or corporation shall not have connected the building or buildings on his or its property to an available waterline after the connection date and after the thirty-day notice sent to such person or corporation under § 329-5 of this article, such person or corporation shall, upon conviction thereof, be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
B.
In the event that any person or corporation shall
not cap and fill or permit the municipality or its duly authorized
agency to cap and fill so as to permanently destroy any water-producing
capacity of any well located upon private premises, as otherwise required
in this article, such person or corporation shall, upon conviction
thereof, be subject of a fine of not more than $2,000, imprisonment
for not more than 90 days and/or a period of community service for
not more than 90 days.
[Added 1-28-1986 by Ord. No. 819; amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
C.
In no event shall either Subsection A or B above be construed so as to preclude the municipality, the State of New Jersey or any of their duly authorized subdivisions, agents, servants or employees from seeking appropriate administrative and/or other legal remedy which would require the owner to comply with this article and/or to seek such other relief as the ordinances of the Township of Galloway, the statutes of the State of New Jersey or the case law of the State of New Jersey may permit, including reimbursement of out-of-pocket expenses and reasonable attorneys' fees.
[Added 1-28-1986 by Ord. No. 819]
This is a special ordinance to deal with specific
conditions as, if and when they occur, and it is not intended to repeal
any ordinance or section thereof presently in effect in the Township
of Galloway but is to be considered supplementary thereto.
