[HISTORY: Adopted by the Mayor and Council
of the Borough of Glen Gardner as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-25-1987 by Ord. No. 87-5]
The following shall constitute the rules and
regulations regulating the operation of the Borough of Glen Gardner
Water Utility and the establishing of rates for the services thereof.
The following rules and regulations are hereby
adopted to control the administration and operations of the Glen Gardner
Water Utility (hereinafter referred to as "the utility") of the Borough
of Glen Gardner (hereinafter "the municipality") and shall be considered
a part of the contract with every person who uses water, and the fact
of using water shall be considered as expressing assent on the part
of the user to be bound thereby.
A.
The affairs of the utility shall be administered by
a Water Committee (hereinafter referred to as "the Committee") to
be composed of three persons, one of whom shall be the Mayor of the
municipality (hereinafter referred to as "the Mayor"). The remaining
two persons, at least one of whom shall be a member of the Borough
Council of the municipality (hereinafter referred to as "the Council"),
shall be appointed by the Mayor, subject to confirmation by the Council.
The term of the Mayor as a member of the Water Committee shall coincide
with his or her term as Mayor. The term of the remaining members of
the Committee shall expire on December 31 of each year. The Committee
shall have a Chairman (hereinafter referred to as "the Water Commissioner")
who shall be the executive head of the Committee with the obligation
to call all necessary meetings of the Committee for the purpose of
the administration of the utility and who shall, upon request, and
at least semiannually on July 1 and December 1, submit an operating
report to the Council of the activities of the utility. The Water
Commissioner shall be appointed yearly by the Mayor, which appointment
shall be confirmed by the Council, which term shall expire December
31 of each year.
B.
There is hereby created the position of Utility Clerk,
who shall keep the financial records of the utility and prepare, mail
and collect water user charges herein set forth. The utility Clerk
shall be appointed yearly by the Mayor, which appointment shall be
confirmed by the Council which term shall expire on December 31 of
each year.
C.
The utility shall have such other employees as may
be required to conduct its affairs, all as may be provided for by
resolution of the Council, upon recommendation of the Committee.
A.
All applications for the use of water shall be made
by the owner of the property on forms furnished by the utility and
shall state fully all uses to which the water is to be applied, and,
should water subsequently be required for other purposes, notice of
the change of water use or additional type of water use shall be given
by the owner to the utility before such change of use or additional
use is made.
B.
A supply of water for building construction purposes
or other special purposes shall be separately applied for.
C.
Where a tap for a service connection to any water main is required, application shall be made, either by the property owner or the licensed plumber contracting or doing the plumbing work, on triplicate forms furnished by the utility, and the applicant shall pay fees as provided in § 164-7 of these regulations for the connection.
A.
All existing and new services shall be metered in
accordance with a plan of installation of meters promulgated by the
Committee.
B.
When a meter is to be installed or replaced and the
pipe or pipes to which it is to be connected are in such poor condition
that, in the opinion of the Water Commissioner, they may be broken
or damaged by the installation or are unfit for the purposes of connection,
the Water Commissioner shall serve written notice on the owner to
repair or replace the pipes within 30 days so that the meter may be
safely installed and or replaced. If such repair or replacement is
not completed within 30 days, the water service may be discontinued.
C.
Should a water user believe that the meter is not
registering properly, the water user may file a complaint with the
utility alleging an inaccurate meter, and the meter shall be removed
and tested by the utility. If the meter is found to register against
the water user by more than 3% inaccuracy, there shall be no charge
for removing, repairing and resetting the meter. If the meter is found
to register against the water user but with less than a three-percent
error, or if it is found to register in favor of the water user, a
minimum charge of $25 shall be made for the test. The utility shall
have the right to make periodic tests of all meters at no cost to
the water user.
D.
Malfunctioning meters.
[Amended 9-17-1991 by Ord. No. 91-9]
(1)
If a meter is out of order and fails to register,
or if by its reading it is obviously malfunctioning, the consumption
of water through the meter for the period of meter reading malfunction
shall be charged at the average consumption over the last period for
which meter was known to be properly registering, or, if there is
no such period, said use shall be estimated and billed by the Committee.
(2)
A water user shall permit the repair or replacement
by the utility of any defective or malfunctioning water meter for
each dwelling unit within 30 days after being notified by the utility.
Thereafter, if said repair has not been satisfactorily completed,
said water user shall be billed for water use from said date of required
installation to the date of actual approved repair or replacement
at a pro rata daily rate equal to two times the minimum quarterly
rate for such meter, or alternatively, the utility may discontinue
service to said user until said repair or replacement has been completed.
E.
All meters larger than 3/4 inch shall not be considered
standard and will not be routinely stocked by the utility and shall
be required to be purchased by the customer.
F.
The utility must designate or approve the location
of all meters; the same must be protected from freezing; the area
adjacent thereto must be kept free of rubbish and obstructions and
all meters must be located so as to be readily accessible for reading,
testing, repair or removal when required.
G.
Except as hereinafter set forth, Type K copper lines
shall be used for all connection lines from the meter to the curb
if said lines do not exceed two inches in diameter, with larger diameter
lines to be Class B cast-iron pipe. PVC plastic pipe of manufacture
and specifications approved by the Committee may be used in lieu of
copper or cast-iron lines, provided, among any other requirements
of the Committee, that all PVC plastic pipe shall be protected against
damage by the same being laid in the center of at least a twelve-inch
core of sand.
H.
All installations described in this section shall
be inspected by an authorized representative of the Committee after
trenching with the pipe laid therein but before backfilling, with
the cost of such inspection to be at the expense of the installer
of such lines.
A.
Where more than one structure is serviced by one private
line from one curb box, the owner shall provide a curb box and shutoff
valve outside each structure so that service to each structure may
be cut off without disturbing the service to the other structures,
and the utility shall have the right at any time to enter the property
to shut off and turn on the water service to any separate structure.
B.
The stopcock at the curb shall be opened and closed only by the Water Commissioner or his or her agent or by any other person having written permission from the Water Commissioner to do so. Any unauthorized person who opens or closes the stop at the curb shall be subject to penalties as prescribed in § 164-7 of this article.
[Amended 9-17-1991 by Ord. No. 91-9]
C.
No cessation of water service charges shall be allowed water users for temporary discontinuance of service unless the water is turned off and on by an agent of the utility upon written application to the utility office. A charge as provided in § 164-7 of these regulations shall be made for either turning off or turning on the water. The water user shall be held responsible for all charges accruing for water service until written notice has been given to the office of the utility to discontinue water supply.
D.
Any owner or water user who vacates or sells property
which is connected to the supply of the utility without giving written
notice to the utility to discontinue service prior to such vacancy
or change of ownership shall be held responsible for all charges accruing
for water service as described in these regulations. The utility further
reserves the right to refuse to give subsequent water service to said
property for the benefit of any subsequent tenant, occupant or owner
until all charges for water service herein described are current.
E.
In the event of any emergency affecting the ability
of the utility to supply water, or in the case of distribution malfunction,
or in the case of equipment breakdown, or the threat of any of the
foregoing or for other unavoidable cause, the utility shall have the
right to temporarily cut off the water supply to make necessary repairs,
connections, etc., all without liability to the utility, but the utility
shall use reasonable and practicable measures to notify the water
user of discontinuance of service.
F.
The utility reserves the right without liability to
require discontinuance of use of water through outside faucets or
hose connections or otherwise limit or restrict water usage if the
supply of water is inadequate for any reason, be the same in event
of equipment failure, breaks, repairs or extensions to mains or otherwise.
G.
Service may be discontinued by the utility for any
of the following reasons:
(1)
For the use of water for any other property or purpose
than that described in the application.
(2)
For willful or careless waste of water through improper
or imperfect pipes, fixtures or otherwise.
(3)
For failure to maintain in good order connections,
service lines or fixtures owned, used or controlled by the water user.
(4)
For tampering with or damaging any service pipe, meter,
curb stopcock, seal or any other appliance of the utility.
(6)
In the case of a vacancy of premises.
(7)
For refusal of reasonable access to property for purposes
of inspection, installation or repair.
(10)
In the case of the violation of any other regulations
herein set forth.
H.
When two or more parties receive water through one
service line, the provisions of these regulations applicable to the
termination of water supply service shall be applicable to all parties,
although one or more of them may be innocent of any cause for termination
of water supply service.
A.
On or after July 1, 2015, the minimum quarterly charge
for water usage up to 5,000 gallons shall be:
[Last amended 7-21-2015 by Ord. No. 2015-10]
|
Meter Size
(inches)
|
Quarterly Charge
| |
|---|---|---|
|
Under 3
|
$72.50
| |
|
3
|
$100
| |
|
4
|
$190
| |
|
6
|
$300
| |
|
8
|
$435
| |
|
10
|
$540
|
(1)
Quarterly charges.
(a)
The quarterly charge for additional water furnished above the
minimum of 5,000 gallons shall be as follows:
|
Number of Gallons
|
Charge
(per 1,000 gallons)
| |
|---|---|---|
|
5,001 to 15,000
|
$5.75
| |
|
15,001 to 25,000
|
$6.25
| |
|
25,001 to 50,000
|
$6.75
| |
|
50,001 to 100,000
|
$7.25
| |
|
100,001 to 250,000
|
$7.50
| |
|
250,001 to 500,000
|
$7.75
| |
|
500,001 to 999,999
|
$8
|
[1]
On or after January 1, 2016, the minimum quarterly charge for
water usage up to 5,000 gallons shall be:
|
Meter Size
(inches)
|
Quarterly Charge
| |
|---|---|---|
|
Under 3
|
$77.50
| |
|
3
|
$105
| |
|
4
|
$200
| |
|
6
|
$315
| |
|
8
|
$450
| |
|
10
|
$555
|
(b)
The quarterly charge for additional water furnished above the
minimum of 5,000 gallons shall be as follows:
|
Number of Gallons
|
Charge
(per thousand gallons)
| |
|---|---|---|
|
5,001 to 15,000
|
$6
| |
|
15,001 to 25,000
|
$6.50
| |
|
25,001 to 50,000
|
$7
| |
|
50,001 to 100,000
|
$7.50
| |
|
100,001 to 250,000
|
$7.75
| |
|
250,001 to 500,000
|
$8
| |
|
500,001 to 999,999
|
$8.25
|
[1]
On or after January 1, 2017, the minimum quarterly charge for
water usage up to 5,000 gallons shall be:
|
Meter Size
(inches)
|
Quarterly Charge
| |
|---|---|---|
|
Under 3
|
$82.50
| |
|
3
|
$110
| |
|
4
|
$210
| |
|
6
|
$330
| |
|
8
|
$465
| |
|
10
|
$570
|
(c)
The quarterly charge for additional water furnished above the
minimum of 5,000 gallons shall be as follows:
|
Number of Gallons
|
Charge
(per thousand gallons)
| |
|---|---|---|
|
5,001 to 15,000
|
$6.25
| |
|
15,001 to 25,000
|
$6.75
| |
|
25,001 to 50,000
|
$7.25
| |
|
50,001 to 100,000
|
$7.75
| |
|
100,001 to 250,000
|
$8
| |
|
250,001 to 500,000
|
$8.25
| |
|
500,001 to 999,999
|
$8.50
|
(2)
The water rates above set forth have been established
based upon estimated water usage, as the utility has heretofore not
fully metered all of its water users. Additionally, it is recognized
that water usage may for a short period after completion of all works
contemplated by this article hereinafter described not be consistent
as between billing periods as the impact of water rates are experienced
by water users. Based upon the foregoing, the Council shall review
quarterly meter readings and total utility billings under the rates
established by this article and, in the event that total billings
exceed utility budget requirements, shall have the right by resolution
to decrease, but not increase, the quarterly minimum water user charge
for that quarterly period so reviewed, but not for any subsequent
period.
(3)
On and after the effective date of the imposition
of the water rates above set forth, water users who are metered shall
be charged in accordance with this section. Water users not then metered
shall be charged only the minimum charge until metered and thereafter
in accordance with this section. Water user charges for a billing
quarter during which use was only partially metered shall be prorated
for said quarter between metered and unmetered water use.
(4)
All water users shall permit installation of a water
meter for each dwelling unit within 30 days after being requested
by the utility. Thereafter, if said installation has not been completed,
said water user shall be billed for water use from said date of required
installation to the date of actual installation at a pro rata daily
rate equal to two times the minimum quarterly rate for such meter,
or, alternatively, the utility may discontinue service to said user
until said installation has been completed.
B.
There shall be a new water main connection charge
for the tying in of a water user water service line to a water main
of $1,000 for a water main connection not exceeding a three-fourths-inch
tap, which fee shall include the installation by the utility of a
meter, corporation cock, curb stop and curb box.
[Amended 4-17-2012 by Ord. No. 2012-3]
C.
Oversize tap charges: If a connection charge is due in accordance with Subsection B of this section and the tap therefor exceeds three-fourths-inch, the following schedule of charges shall be applicable:
[Amended 4-17-2012 by Ord. No. 2012-3]
|
Water Main Connection Tap
(inches)
|
Charge
| |
|---|---|---|
|
1
|
$1,500
| |
|
1 1/2
|
$2,000
| |
|
2
|
$2,500
| |
|
4
|
$4,500
|
D.
Extraordinary charges for service connections. In
addition to any other charges herein described in these regulations
for a tap for any service connection to any water main, the applicant
shall pay to the utility any extraordinary costs incurred by the utility
in making said connection, including by way of example and not by
way of limitation excavations in excess of eight feet in depth, shoring
or dewatering of excavation trenches, where rock excavation is encountered,
water line runs in excess of 40 feet, where open-cut of roadway is
not permitted, and where excavated material is not permitted to be
used to fill the trench. The Water Commissioner shall certify to the
applicant said extraordinary costs when the same has been fully determined,
and the same shall be due and payable within seven days after the
receipt by applicant of written notice thereof. Any applicant objecting
to the calculation of said extraordinary costs shall have the right
to appeal the imposition thereof by written notice to the Council
within 30 days of receipt of said notice, and the Council shall, within
30 days, conduct a hearing thereon and certify to applicant the amount
of such charges, which determination shall be binding on the applicant.
E.
For a temporary discontinuance of water service for
the convenience of the water user and not as the result of the need
for water line repairs, there shall be a shutoff service charge of
$50, payable in advance.
[Amended 10-16-2019 by Ord. No. 2019-06]
F.
For a restoration of water service after a temporary
discontinuance thereof, there shall be a service charge of $50, payable
in advance, if said service restoration follows a discontinuance of
service for which a service charge was imposed.
[Amended 10-16-2019 by Ord. No. 2019-06]
G.
For a discontinuance and subsequent restoration of
water service as a result of nonpayment of any water charges due under
this article, there shall be a shutoff and turn-on service charge
each in the amount of $50 and a single $100 penalty charge, payable
in advance, which penalty charge can be waived by the Committee for
good cause.
[Amended 10-16-2019 by Ord. No. 2019-06]
H.
For a permanent discontinuance of water service and
removal of meter, there shall be a service charge of $50, payable
in advance.
J.
Any person that opens or closes water services at the curb or makes any other unauthorized connection to the municipal water system or tampers with any water meter shall, in addition to fines as set forth in § 164-22, pay a service charge in the amount of $500 for each service call by the Water Department to open or close any unauthorized connection and shall be responsible for the cost of the repair or replacement of any tampered meter.
[Amended 3-4-1997 by Ord. No. 97-4; 10-16-2019 by Ord. No.
2019-06]
K.
Capital contribution hookup charges: (Reserved).
A.
Water service charges shall be billed not later than
30 days after any calendar quarter, and said charges shall be payable
not later than 40 days after any calendar quarter. If payment is not
received by the billing authority within 40 days, the overdue balance
shall bear interest at the same rate set by the municipality for delinquent
real estate taxes. In addition to the penalty and interest, a water
user shall be responsible for paying the cost of any special postage
charges (e.g. certified mail, registered mail, etc.) involved in providing
the user with notices under this article.
B.
The utility shall be under no obligation to mail out
delinquent water service charge notices to its water users, but shall
include on any current quarterly water service bill notice of unpaid
prior quarterly bills, if such is the case.
C.
The utility shall have the right to terminate water
supply service to any water user four months delinquent in the payment
of water user charges.
A.
After the installation of all water mains contemplated
and accomplished under this article, all water main line extensions
shall be made at the expense of the applicant therefor after determination
by the Committee and the Council that the utility has adequate water
supply, distribution capacity and pressure to service the same, and
that the same can be accomplished in accordance with the master water
plan design for future expansion, and otherwise that the same is to
the best interests of the existing customers of the utility. Such
determination by the Council shall be by resolution. Thereafter, the
design and plan for such water main line extension shall be prepared
by the applicant at his or her expense and approved by the Water Commissioner
with utility engineering and legal review costs to be paid by the
applicant and all terms and conditions of such extension agreed upon
by written contract between the applicant and the Council. The Council
may require the applicant to deposit with the municipality a cash
sum equal to the estimated cost of such main line extension, and the
Council may, by contract with third parties or by the use of its personnel,
or by a combination of the same, complete such main line extension,
and the applicant shall be liable for any cost thereof in excess of
the estimated cost, or shall be entitled to refund for the excess
of estimated cost over actual cost. Alternatively, the Council may,
in its sole discretion, permit the applicant to make the installation
at his or her direct cost and expense, under terms and conditions
as determined by the Water Commissioner, reserving to the Council
the right of inspection of construction and approval of all materials
and workmanship used in connection therewith, all at the inspection
expense of applicant.
B.
No water main line extension agreement provides for any refund to the installer thereof for all or any part of the cost thereof based upon taps thereto or usage therefrom, and no contribution to the cost thereof shall be made by the municipality except as provided in Subsection C.
C.
When the water main line extension shall provide for
lines in excess of eight inches in diameter or shall provide for unusual
facilities appurtenant thereto or includes a contribution to an increase
in the water reserve capacity of the utility, and where the same is
a part of the master water plan design for future expansion, or otherwise
uniquely contributes to the distribution network of the utility, and
where estimated net revenues in excess of normal water utility operating
costs applicable thereto from new customers utilizing such extension
or unusual facilities appurtenant thereto shall, within a period of
time deemed by the Council to be reasonable, result in full or substantial
reimbursement to the municipality for its proposed contribution thereto;
and where the Council in its sole discretion deems the proposed contribution
within the financial capability of the utility to pay, and otherwise
to be a prudent and reasonable exercise of business judgment in the
conducting of the business affairs of the utility, then and in that
event, the Council shall have the right, in its sole discretion, by
resolution setting forth its findings in compliance with this subsection,
to reimburse, contribute to or otherwise allow to the applicant by
reduction of connection charge per house, or otherwise, all or part
of such costs of the water main line extension applicable to such
costs in excess of an eight-inch-diameter pipe line or installation
which provided unusual facilities, including increase in water storage
capacity appurtenant thereto.
D.
Nothing contained in this section is intended to limit
the right of the Council to make water main line extension as a local
improvement and assessing the costs thereof against properties benefited
thereby, in accordance with N.J.S.A. 40:56-1 et seq. where the application
of such method of improvement shall be deemed fair, equitable and
impartial as among all persons similarly circumstanced.
E.
Nothing contained in this section is intended to limit
the right of the Council to make water main line extensions, with
the cost thereof to be allocated or paid in whole or in part, in a
method other than as set forth in this section based upon supervening
public interest, or to modify an established pattern of allocating
the cost of water main line extensions where altered circumstances
reasonably so dictate.
Water users shall not be permitted to use water
for any other purpose than stated in the application and shall not
supply water in any way to any other person, house or premises without
a written permit from the utility. No additions, alterations or extensions
shall be made or caused to be made in any water pipes or fixtures
without giving notice of such proposed additions or alterations to
the utility.
All connections and appurtenant facilities shall
meet all standards of the State of New Jersey applicable thereto and
particularly relating to, among other applicable regulations, connections
and cross-connections.
No person except the Water Commissioner or other
authorized persons shall take water from or authorize the taking of
water from any public fire hydrant or hose plug, except for the use
of the Municipal Fire Department in case of fire or for drills, and
no public fire hydrant shall be used for sprinkling streets, flushing
sewers or gutters or for any other than fire purposes except with
the approval of the utility.
The utility shall have the right to make changes
from time to time in its regulations.
All persons using water shall keep the water
pipes and fixtures within their premises, together with the service
pipe to the main, in good repair and protect the same from frost at
their own expense. If the owner of any premises neglects or refuses
to repair a leak within 24 hours after the receipt of notice from
the utility directing the repairs, the water supply for such premises
may be shut off at the curb box, and service shall not be resumed
to the premises until after all repairs ordered have been made and
expenses, if any, incurred by the utility have been paid to it.
Owners of real property shall be liable for
the cost of water consumed by tenants occupying structures or trailers
on or otherwise utilizing said real property.
All unpaid water user charges and any other
moneys due under this article shall become a lien on real estate benefited
thereby and shall be collected as now or hereafter authorized by the
Revised Statutes of the State of New Jersey.
All water service lines shall be repaired and
maintained by and at the expense of the property owner. Where it becomes
necessary for the property owner to repair a service line, only such
service lines as in the opinion of the Director are in a sufficiently
good condition to warrant these repairs shall be allowed to remain
in the ground. All other service lines shall be replaced with a new
line. Whenever service lines are initially installed, replaced or
repaired, the trench shall be left open for inspection and approval
of the initially installed, repaired or replacement line by the utility.
A.
Each water user may be separately billed for water
service, notwithstanding that a multiple number of users are serviced
by a single meter. The utility may at its option divide the number
of individual water users utilizing a single meter into the total
volume of water consumed to determine the per water user consumption,
and each individual water user shall be billed therefor as a separate
water user customer, notwithstanding any difference in water use as
between or among said individual water users. In the case of multiple
housing units serviced by a single meter larger than 3/4 inch, for
billing purposes the quarterly minimum water user charge per individual
water user shall be computed on the basis of a three-fourths-inch
meter.
B.
As used in this section, the phrase "water user" is
defined as a family unit or an individual housing unit, whether containing
one or more persons, and irrespective of whether it is a part of a
housing structure containing multiple housing units, and notwithstanding
that some or all of said housing units may share the use of certain
portions of said structure in common or a business, commercial or
industrial establishment separate in function and operation with any
other such establishment utilizing a common meter or any other unique
factual situation found by the Director to be similar to the foregoing.
C.
The utility, for ease in payment, may, at its option,
bill the owner of any real property with a multiple number of water
users serviced by a single meter with a single bill for such multiple
water user service, but said bill shall be calculated as the total
of individual water user charges as described in this section.
All buildings in the municipality located upon
streets served by water mains of the utility shall be connected to
the municipal water system, except those buildings existing at the
time of the adoption of this article, which at such time are not connected
to the municipal water system and had a potable individual water supply
system. No construction or occupancy permits shall be issued for any
new construction located on a street having a water main of the water
utility in the municipality if said new construction requires a water
supply system.
All facilities having a working water pressure
exceeding 100 pounds per square inch (psi) shall install pressure-reducing
valves according to the specifications of the utility. If the water
user shall fail to install such pressure-reducing valve, the utility
shall have the right to terminate water supply service.
The utility shall have the right on notice and
at reasonable hours to enter any structure or enter upon any real
estate receiving water service from the utility to inspect said premises
to determine condition and adequacy of pipes and service and to determine
the accuracy of the water meter remote readout as contrasted to the
meter mechanics readout.
[Added 9-17-1991 by Ord. No. 91-9]
Any person who shall violate any of the terms
or provisions of this article or who shall commit or do any act or
thing prohibited in this article shall, upon conviction thereof before
the Municipal Court, pay a fine of not less than $100 nor more than
$1,000 or be ordered to perform community service for a period not
exceeding 90 days or be imprisoned for a term of not to exceed 90
days for each act or thing committed or done in violation of the provisions
of this article, in the discretion of the magistrate. Each day that
any such act or thing committed or done in violation of the provisions
of this article shall be permitted to exist shall be deemed a separate
and distinct offense upon conviction thereof. The municipality reserves
the right under the laws of the State of New Jersey to bring suit
against any person or persons violating this article in the appropriate
Superior County Court if it is deemed necessary to enforce this article.
[Adopted 10-17-1989 by Ord. No. 89-10]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Borough of Glen Gardner, it may adopt a resolution declaring that a water emergency exists in the Borough of Glen Gardner. Such resolution shall be adopted by the governing body at a regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in § 164-24 of this article is being imposed, as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 164-25 of this article. For the purpose of this section, water emergency shall exist if, for any of the following reasons:
A.
The public utility providing water service to all
or a portion of the municipality has adopted water use restrictions,
has notified the municipality, the New Jersey Board of Public Utilities
and the New Jersey Department of Environmental Protection, as well
as any other state, county or local agency entitled to notice of such
restrictions and such restrictions are not overruled or declared invalid
by any state, county or local agency having the jurisdiction and power
to do so; or
B.
The governing body is otherwise satisfied that a water
emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 164-23 of this article, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
A.
The complete ban and prohibition of outside water
usage, including the watering of lawns and plants, the filling of
pools and the washing of cars;
B.
Outside water usage on alternate days allowing outside
water usage by persons or businesses having even house or box numbers
on even days and those having odd house or box numbers on odd days,
with outside water usage being completely banned and prohibited on
the 31st day of any month during the water emergency; or
C.
Any other water use restriction specified by the governing body in the resolution required by § 164-23 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this section shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 164-23 of the article.
The resolution of the governing body required by § 164-23 of this article shall, in addition to complying with § 164-23, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
[Amended 3-4-1997 by Ord. No. 97-4]
A.
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official. 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 subsequent offense as provided by § 164-27 of this article.
B.
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 violations of the water use restrictions imposed pursuant
to this article.
[Amended 3-4-1997 by Ord. No. 97-4]
After a first offense in accordance with § 164-26, any person or business who thereafter violates the water use restrictions imposed by this article shall be punishable by a fine not exceeding $1,000, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days. Each day that the violation continues to exist shall constitute a separate offense.
