Township of East Hanover, NJ Article VI Drought and Water Shortages

[Amended 6-15-1989 by Ord. No. 29-1989; 8-21-1997 by Ord. No. 30-1997; 4-14-2003 by Ord. No. 6-2003]

§ 159-32 Legislative declaration.

The Township Council finds that the adoption of this article is necessary for the public health, safety and welfare and is in the public interest because:

A. The long-continued droughts occurring from time to time in this area of the state result in a dangerous lowering of the Township's potable water reserves and threaten the preservation of the public health, safety and welfare.

B. Past experience has demonstrated that appeals for voluntary aid for water conservation are not and have not been as effective as necessary.

§ 159-33 Duty to prevent waste of water.

A. Every owner of buildings and premises connected with the municipal water supply shall:

(1) Maintain or cause to be maintained the water service pipes, fixtures and connections in good order and repair in order to ensure that there shall be no waste of water.

(2) Forthwith make or cause to be made necessary repairs to prevent the waste of water.

B. Every lessee, tenant and occupant of any building or premises connected with the municipal water supply shall:

(1) Immediately notify the owner or his agent of any defective water service pipes, fixtures or connections whereby water is being wasted.

(2) Immediately notify the Township Water Department or Police Department of any waste occurring by reason of defective water service pipes, fixtures or connections.

C. Every owner and user of water shall, during the period of a water emergency, be chargeable with notice of any waste of water due to defective water service pipes, fixtures or connections and of the regulations promulgated under the proclamation. It shall be the duty of the owner to forthwith make or cause to be made repairs necessary to prevent such waste.

§ 159-34 Repairs by Township; shutting off water.

Whenever an owner shall fail or refuse to make repairs so as to prevent the waste of water, then the Township shall have the power to make such repairs and to charge the cost thereof to the owner in the same manner as other water charges are made, as by the statutes and ordinances provided, or to shut off the water from such premises until such repairs are made by the owner.

§ 159-35 Curtailment of use of water.

A. Lawn watering.

(1) The watering of lawns and gardens at any premises in the Township of East Hanover shall be permitted only upon an odd-even basis. That is, properties with an odd-numbered street address may water on Mondays, Wednesdays and Fridays; properties with even-numbered street addresses may water on Tuesdays, Thursdays and Saturdays. Watering is not permitted on Sundays, except as set forth in Subsection A(2) hereof.

(2) Watering on Sunday.

(a) Watering on Sunday may be permitted during a forty-five-day period from the date of the laying of new sod or the beginning of a new lawn, provided that the beginning and ending dates for such period were approved by the Division of Public Utilities in the Department of Public Services.

(b) Watering on Sunday may also be permitted if it is the day upon which or the day following the day upon which vegetation has been treated with fertilizer, pesticide or herbicide, and the burden shall be upon the property owner to prove that such treatments were made.

(3) When watering lawns or gardens, the amount of water used shall be the minimum necessary to carry out the activity, and evidence of puddling or runoff shall be indicative of the use of more than the said minimum and shall constitute a violation of this section.

(4) All watering authorized herein shall be performed in such a way that no impervious surfaces are included in the area watered and the inclusion of such surfaces shall constitute a violation of this section.

B. The serving of water in restaurants, clubs or eating places is prohibited unless specifically requested by the patron.

C. Public showers and commercial establishments with showers must install low-flow showerheads or flow restrictors.

§ 159-36 Authority to proclaim emergency and prescribe regulations.

A. In case of an emergency when, by reason of drought or otherwise, the available supply of water becomes dangerously low or the demand exceeds the ability of the water utility to supply the same, the Mayor may, for the protection of the health, safety and general welfare of all citizens and residents of the Township, proclaim the existence of a water emergency and promulgate regulations to:

(1) Regulate or prohibit the use of water from the municipal supply for any purpose not necessary to the health, safety and welfare of the public.

(2) Allocate and prorate available water supplies.

(3) Reduce consumption by users.

(4) Prevent waste.

B. The Mayor shall have the power pursuant to Subsection A above to implement any or all of the following mandatory water restrictions:

(1) Alternate day lawn- and garden-watering may be limited to specific hours on the designated days and the number of days may be further reduced.

(2) Automobiles and other motor vehicles may be washed with pail only; hoses may not be used in washing vehicles.

(3) Garden watering may be by pail only; no hoses or sprinklers may be used.

(4) Swimming pools or decorative pools shall not be filled or refilled during the pendency of water restrictions.

(5) Washing of driveways, sidewalks or any paved areas is prohibited.

(6) Restaurants shall serve water to customers only upon request of the customer.

(7) Such restrictions upon commercial and industrial users as the Mayor shall deem appropriate to reduce water consumption without unduly impinging upon the operation of the business or industry.

(8) A complete prohibition on the noncommercial and nonindustrial use of water for any purpose other than drinking, cooking, bathing and sanitation.

§ 159-37 Effect of proclamation and regulations.

The proclamation of the emergency shall be conclusive of the fact of the existence of such emergency and shall be binding upon all persons and users upon the filing of the same in the office of the Township Clerk and the publication thereof at least once in the official newspaper or newspapers circulating in the Township. The regulations set forth in the proclamation and any subsequent regulations made and published as aforesaid, upon filing thereof in the office of the Township Clerk, shall be deemed to have the force and effect of regulations adopted under the authority of this article the same as if specifically incorporated and set forth herein. Every owner, lessee, tenant and occupant of any building or premises connected with the municipal water supply, and every user thereof, under any contract, ordinance or statute, shall, upon the proclamation and promulgation of the regulations as aforesaid, become bound thereby and by the provisions of this article, and shall conform thereto and comply therewith in the use of water and the maintenance of the water service connections and equipment for the purposes thereof.

§ 159-38 Curtailment of use of water by municipal departments. [1]

Upon the making of said proclamation of emergency, the Township Clerk shall forthwith give written notice to the appropriate departments of the Township to refrain from all street and gutter flushing, hydrant flushing, fire hose testing and other similar practices, except as said practices are deemed necessary in the interest of public health or safety and until said emergency is declared no longer to exist.

[1] Editor's Note: Former § 159-38, Violations and penalties, was redesignated as § 159-150 2-12-2002 by Ord. No. 2-2002.