A.
Whenever the Municipal Engineer certifies that an emergency exists
in the water supplies serving Marlboro Township, a water emergency
may be declared:
(1)
Upon the adoption of a resolution of the Township f Council of the
Township of Marlboro. Any such resolution declaring a water emergency
may be adopted by the Township Council at any regular, special, adjourned
or emergency public meeting of the Township Council and such resolution
shall become effective immediately upon its filing in the office of
the Township Clerk and shall continue in effect until modified or
repealed by a subsequent resolution; or
(2)
If the nature of the attendant circumstances will not permit delay,
upon the issuance of a proclamation by the Mayor of the Township of
Marlboro. The proclamation of an emergency shall be conclusive as
to the fact of the existence of an emergency and shall be binding
on all persons upon its filing in the office of the Township Clerk.
The terms and provisions of the proclamation shall remain and continue
in effect until modified or repealed by a subsequent proclamation.
B.
Water emergencies may also be declared by other governmental units
or agencies having jurisdiction over water supplies and water usage
within Marlboro Township, including the Governor of the State of New
Jersey and the New Jersey Department of Environmental Protection.
A.
Any resolution that is adopted by the Township Council and any proclamation
that is issued by the Mayor for the declaration of a water emergency
may also prescribe regulations to:
(1)
Establish indoor conservation measures;
(2)
Prohibit or restrict the use of water for any purpose not deemed
necessary for the health or safety of the public;
(3)
Allocate the available water supplies;
(4)
Reduce the consumption of water;
(5)
Prevent waste for the period of the emergency; and
(6)
Implement such other measures as are deemed reasonable and necessary
to protect the health, safety and welfare of the public.
B.
All regulations included in any resolution or proclamation, as well
as any regulations subsequently promulgated, shall have the same force
and effect as if specifically set forth in this section. Every owner,
lessee, tenant, and occupant of any dwelling, building, structure,
or property within Marlboro Township shall, upon the promulgation
of any regulations, become bound by them and shall conform to them
in the use of water and the maintenance of water service connections
and equipment.
C.
Any regulation or water use restriction set forth in a resolution
or proclamation shall remain and continue in effect until modified,
amended, or rescinded by a subsequent resolution or proclamation,
as the case may be. Additional regulations may, similarly, be promulgated
by the adoption of a subsequent resolution or the issuance of a subsequent
proclamation.
D.
Unless excepted by the provisions of § 356-18D(1), below, any water use restriction imposed pursuant to this Article IV shall apply equally and fully to every owner, lessee, tenant, and occupant of any dwelling, building, structure, or property within Marlboro Township, regardless of whether water service is provided by the Marlboro Township Water Utility Division, Gordon's Corner Water Company, private wells, or private connections to surface water sources (e.g., ponds, streams, brooks, basins, etc.).
(1)
Any person or business entity that uses a private well for potable water service and/or irrigation purposes shall not be restricted from the continuing use of such well by any water use restriction imposed pursuant to this Article IV, provided:
(a)
The terms of the resolution or proclamation that is used to
declare a water emergency expressly excludes private wells from the
scope of the declaration (Generally, emergency conditions that are
strictly limited to a particular water system or source will not necessitate
restrictions being imposed on other water sources, but emergency conditions
that are broad based, such as a drought, will, typically, result in
water use restrictions being applicable to all citizens, regardless
of water source.); and
(b)
The private well has been specifically registered with the Township
for use during a water emergency. A private well that is registered
under this section shall be subject to inspection by Township personnel
to verify that there are no connections or cross-connections between
the well and a public community water system.
(2)
Nothing in this section shall be read so as to prohibit, restrict,
or limit water usage where a bona fide health emergency exists.
E.
Reasonable attempts shall be made to notify citizens and residents
of the Township of the existence of a water emergency, the restrictions
imposed, and the penalties for violations.
The water use restrictions imposed pursuant to Article IV shall be enforced during a water emergency by the Township Engineer, Code Enforcement Officer and enforcement personnel in the Department of Public Safety (collectively, the "Enforcement Officials"). Whenever an enforcement official shall find a violation of any water use restriction established by this chapter, the violator shall be given a written warning and explanation of the penalties for a violation of the Code. The enforcement officials shall keep such records as may be reasonable and necessary for the purpose of determining the persons and business entities that have been issued a written warning for a violation of the provisions of Article I or this Article IV and, in the event of any subsequent violation by a previously warned person of business entity, the enforcement officials are hereby duly authorized to issue summonses for the violation of the water use restrictions imposed pursuant to this Article IV.
After a written warning for a first offense in accordance with § 356-2 or 356-19, any person or business entity that thereafter violates the water use restrictions imposed pursuant to this Article IV shall be subject to a minimum penalty of $50 for such first violation. No municipal court appearance shall be required for such first violation, unless the person or business pleads not guilty to the alleged violation. Each subsequent violation shall be subject to a penalty to be imposed at the discretion of the Municipal Court Judge, up to the maximum penalties authorized by § 4-3 of the Code.
[1]
Editor's Note: Former § 356-20, Swimming pool regulations, was the sole section of former Art. V, Swimming Pools, which article followed this Art. IV and was superseded 6-16-2011 by Ord. No. 2011-10. See now § 356-1A(2)(d).
