[HISTORY: Adopted by the Township Committee
of the Township of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-1996 by Ord. No. 1237-96]
In the event of a declaration by the Hamilton
Township Municipal Utilities Authority of an emergency situation with
respect to the availability of potable water from its water distribution
system, it shall be unlawful for any person or corporation that is
a customer of the Authority for these water services, after receiving
actual or constructive notice of such declaration, to use water from
the water distribution system of the Authority for the purposes of
watering lawns or gardens, washing motor vehicles or filling swimming
pools or such other water usage as may be prohibited in the declaration
set forth by the Authority.
In the event of a declaration by the Hamilton
Township Municipal Utilities Authority of an existing or anticipated
state of low water pressure in the distribution system of the Authority,
it shall be unlawful for any person or corporation having an address
ending in an odd numeral, or in the event that there is no numeral
using the lot number, after receiving actual or constructive notice
of such declaration, to use water from the distribution system of
the Authority for the purposes of watering lawns or gardens, washing
motor vehicles or filling swimming pools or such other use as may
be identified by the Authority in the declaration on other than an
odd date; and it shall be unlawful for any person or corporation having
an address ending in an even numeral, or in the event that there is
no numeral using the lot number, to use water from the distribution
system of the Authority for the purpose of watering lawns or gardens,
washing motor vehicles or filling swimming pools or such other use
as may be identified by the Authority in the declaration on other
than an even date.
The water use restrictions imposed pursuant to this article shall be enforced by the local authorized official of either the township or the Authority. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in § 308-4 of this article. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article and the declaration of the Authority.
Following a first offense as set forth in § 308-3 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be subject to a fine of not less than $200 for the second offense and $500 for the third and each additional offense. Each and every day that a violation exists shall constitute a separate violation.
[Adopted 6-20-2022 by Ord. No. 1993-2022]
The purpose of this article is to supplement the Code of the
Township of Hamilton, County of Atlantic, to require replacement of
lead and galvanized steel lines within the Township by the Hamilton
Township Municipal Utilities Authority and/or its agents pursuant
to the mandatory replacement of lead and galvanized service line.
For the purpose of this article, the following terms are defined
as set forth herein:
A licensed vendor that contracts with the HTMUA to replace
lead service lines.
A building or structure or part thereof containing one or
more dwelling units. This article shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating
or bathing.
The water purveyor for the Township of Hamilton, its agents
and successors.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
The waterline on private property that is constructed of
lead and/or galvanized material that leads to the structure or building
that is connected to the HTMUA waterline.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or who has equitable title
and is either in actual possession or collects rents therefrom; or
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
Any premises, whether residential or commercial, that is
occupied or unoccupied.
The Township of Hamilton, County of Atlantic.
Monday through Friday only. No work shall be performed on
weekends or holidays.
HTMUA, its agents and successors and/or vendors or contractors
are hereby authorized to enter any property within the Township of
Hamilton to perform a lead and galvanized service line replacement
pursuant to P.L. 2019, c. 291 and N.J.S.A. 58:12A-39, but shall not
enter any part of the property that is not directly related to performing
a lead and galvanized service line replacement. The service line shall
include all piping and fittings connecting the water main to the property
and shall include the water meter.
A.Â
At least two weeks before entering a property to perform a lead and/or
galvanized service line replacement, HTMUA shall notify the owner
of record of the property and any residents of the property of the
lead service line replacement.
B.Â
HTMUA shall make every effort to notify the owner of record and any
residents of the property in person, but if the owner or residents
are unable to be reached in person, HTMUA shall send, by certified
mail, a notification to the owner and any residents or post a notification
in a prominent location on the property.
C.Â
Notification by certified mail shall be written in both English and
Spanish and shall include:
(1)Â
The scheduled date and time of the lead and/or galvanized service
line replacement;
(2)Â
Whether HTMUA employees will be performing the service line replacement,
and, if not, the entity performing the service line replacement;
(3)Â
The extent of any water service disruptions resulting from the service
line replacement;
(4)Â
Any locations where residents can access supplemental drinking water
due to any service disruptions;
(5)Â
Notice that the owner or occupant of any property that has been determined
to require a lead and/or galvanized service line replacement shall
permit the HTMUA, its agents, successors or contractors access to
the property to perform the replacement; and
(6)Â
That if HTMUA is unable to gain access to the property in order to
replace the lead service line, the Township of Hamilton shall impose
a daily fine of not more than $250 on the owner until a lead service
line replacement is performed. A property owner or tenant may make
application for a hardship waiver of the fine upon written notice
to the Business Administrator or the Department of Inspections and
Code will not issue a certificate of occupancy prior to any change
of ownership until a lead and/or galvanized service line replacement
is performed.
HTMUA, its agents, successors or contractors shall make repairs
no earlier than 8:30 a.m. or after 6:00 p.m., Monday through Friday,
and no earlier than 9:30 a.m. to 4:30 p.m. on Saturdays.
All pavement cuts, openings, excavations, and restoration shall
be subject to approval by the Engineer for the Township of Hamilton.
A.Â
Upon completion of the lead service line replacement, HTMUA shall
send a letter to the owner of the property confirming the replacement
and the date which the work was performed.
B.Â
On an ongoing basis, but not later than every 60 days, HTMUA shall
inform the Township of Hamilton as to on which properties it has successfully
performed a lead and/or galvanized service line replacement, and on
which properties it was unable to perform a lead and/or galvanized
service line replacement due to an inability to gain access to the
property.
A.Â
If the owner or occupant refuses to grant access to the property
to perform the required lead and/or galvanized service line replacement,
said owner or occupant shall be subject to a fine not to exceed $250.
Each day that a violation continues shall be deemed a separate and
distinct offense. A property owner or tenant may make application
for a hardship waiver of the fine upon written notice to the Township's
Business Administrator.
B.Â
If HTMUA, its agents, successors, or contractors are unable to gain
access to the property in order to replace the lead and/or galvanized
service line because the owner refuses to grant access to the property,
the Township of Hamilton will not issue a certificate of continued
occupancy to any commercial or industrial property prior to any changes
in ownership until a lead and/or galvanized service line replacement
is performed at the property owner's expense.
C.Â
If HTMUA, its agents, successors, or contractors are unable to gain
access to the property in order to replace the lead and/or galvanized
service line because the owner refuses to grant access to the property,
the Township of Hamilton will not issue a dwelling certificate to
any residential property prior to any change in ownership until a
lead and/or galvanized service line replacement is performed at the
property owner's expense.
