Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 8.12 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Land use — See Ch. 230.
Open excavations — See Ch. 265.
Water — See Ch. 394.

§ 399-1 Definitions.

[Amended by Ord. No. 2000-9]
As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
BUILDING
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.
CONNECTION DATE
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 the Township of Montville Water and Sewer Department or by a private utility authorized to do business in the Township of Montville, shall mean the 60th 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.
WATERLINE
Any pipe or conduit designed or used for the transmission of potable water within the Township, whether owned and operated by the Township itself, the Township of Montville Water and Sewer Department or any regulated public utility authorized to supply water for domestic and other purposes within the Township of Montville.

§ 399-2 Abandonment; connection with public water supply.

The owner of any building or lot which the Department of Environmental Protection has declared, in writing to the Township of Montville, to have been adversely affected by hazardous substances or potentially adversely affected by hazardous substances, 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, or has access, do the following:
A. 
Abandon 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 procedure used to abandon said wells shall be performed in accordance with the most recent Department of Environmental Protection regulations dealing with the capping and sealing of wells, and the abandonment shall be accomplished by an individual or firm licensed to conduct such business by the New Jersey Department of Environmental Protection. Any wells specifically delineated, in writing, by the New Jersey Department of Environmental Protection (NJDEP), to remain unsealed for monitoring purposes, shall be exempt from the conditions of this chapter until such time as the NJDEP makes notification that the well in question is no longer to be used for monitoring purposes and is to be abandoned.
B. 
Hook into the public water supply so that said public water supply shall be used for all domestic purposes, dwelling purposes or 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.

§ 399-3 Connection specifications.

Every connection required by this chapter shall comply in all respects with the Plumbing Code of the Township of Montville, Uniform Construction Code,[1] or such other code as shall be in force and effect at the time connection is required. No private well shall be interconnected with the public water supply.
[1]:
Editor's Note: See Ch. 129, Construction Codes, Uniform.

§ 399-4 Order to connect.

[Amended by Ord. No. 2000-9]
When any public waterline is available to serve buildings in the Township as described in § 399-1 above, the owner of such lot or building shall be ordered to connect each building on such property with said waterline in accordance with the terms of this section.

§ 399-5 Service of notice to connect.

[Amended by Ord. No. 2000-9]
The Township Administrator of the Township of Montville shall designate one of its proper officers to give notice to the owner of the property with respect to which an order is issued pursuant to § 399-4. 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 Montville and shall describe the property by lot and block designation as the same appears in the Tax Map of the Township of Montville and by the street address if a street address exists. The notice shall state that, by order of the Township of Montville, the owner is required to connect each building on said property with the waterline, in accordance with the terms of this chapter, 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 chapter. Said notice may also be served within or without the limits of the Township of Montville 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 Montville. Said notice may be served on the owner personally by leaving it at his usual place of abode with a member of his family above the age of 18 years. Should the owner of record not reside on the premises noted in said tax duplicate, a copy of said order shall also be mailed to the persons occupying the premises. This notification need not be by registered mail.

§ 399-6 Failure to connect.

If the owner of property in the Township shall fail to make any connection or installation required by this chapter within the time herein required, the Township may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property pursuant to the authority of N.J.S.A. 40:63-54 through 40:63-64.

§ 399-7 Effect on other legislation.

This is a special chapter to deal with the specific conditions as, if and when they occur, and it is not intended to repeal any ordinances or section thereof presently in effect in the Township of Montville but is to be considered supplementary thereto.

§ 399-8 Enforcement.

Unless otherwise specifically stated with this chapter, any enforcement action needed to be taken shall be vested in the Montville Township Health Department.

§ 399-9 Violations and penalties.

[Amended 2-28-2006 by Ord. No. 2006-09]
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 § 399-5, such person or corporation shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty. Each day a violation exists after the expiration of the thirty-day time limit shall be deemed to be a separate offense, punishable as such. Penalties under this chapter shall be enforced by the Municipal Court of the Township of Montville.