[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 1991-12 (§§ 23-1 to 23-10 of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
This chapter is entitled "Water Service Connections," which shall provide as follows.
As used in this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings listed below:
- Any structure heretofore or hereafter constructed, erected or assembled which is used or intended for supporting or sheltering any use or occupancy.
- CONNECTION DATE
- The following meanings:
- A. Where used in connection with a building constructed, erected or assembled prior to the date of initial operation of any water pipeline available to service said building January 1, 1994, or the 90th day following the date of initial operation of such water pipeline as part of the water system owned and operated by the Ocean Township Municipal Utilities Authority, whichever is later.
- B. Where used in connection with a building constructed, erected or assembled after the date of the initial operation of any water pipeline available to service said building, the 90th day following the date of completion of construction, erection or assembly thereof, but in no event later than the date of the issuance of a certificate of occupancy for such building.
- The passing of simple title from one person or legal entity to another person or legal entity by deed or other means of conveyance.
- A change of possession from one party to another party either by lease or otherwise for a period in excess of one year.
- WATER PIPELINE
- Any water pipeline or main designed or used for the distribution of potable water and owned and operated by the Ocean Township Municipal Utilities Authority.
The owners of every building located on any lot or lots in the Township, which lot or lots are located not more than 200 feet from a water pipeline shall, upon notice that such water pipeline is available to service such building, connect such building and all water facilities therein to such water pipeline on or before the connection date, except as provided in Subsection B of this section.
Any building which utilizes a well for its potable water supply shall be exempt from the connection requirements set forth in Subsection A of this section; provided, said well has been installed pursuant to a valid permit issued by the Ocean County Health Department on or after April 1, 1987, and further provided that said well has received a final certification to operate from the Ocean County Health Department prior to the owner's receipt of a notice to make connection issued pursuant to § 405-6.
No person shall sell, or transfer a building located on a lot otherwise exempt from the connection requirements of this chapter until such time as the building and all water facilities therein are connected to an available water pipeline as otherwise required in Subsection A of this section.
On lots where there are two buildings, such buildings shall be separately connected to the water pipeline with their own water service lines on or before the connection date.
The owners of any building connected to a water pipeline shall utilize said water pipeline exclusively for potable water for the building and all water facilities therein.
No certificate of occupancy shall be issued for any building hereafter constructed, erected or assembled which is used or intended for supporting or sheltering any use or occupancy which does not comply with the requirements of § 405-3.
Every connection required by this chapter shall be made in accordance with the ordinances and amendments of the Township and the Ocean Township Board of Health as well as the rules and regulations of the Ocean Township Municipal Utilities Authority and the State Uniform Construction Code as shall be established from time to time. Such ordinances, amendments, rules and regulations are available for inspection at the office of the Township Clerk during usual business hours.
The size of the water pipeline connecting the building to the water distribution line shall be in accordance with the requirements of the Ocean Township Municipal Utilities Authority and the State Uniform Construction Code.
Upon the availability of any water pipeline to serve buildings on any property in the Township, the Ocean Township Municipal Utilities Authority shall notify each owner of property affected thereby of that fact and shall direct such owner in said notice to connect each building on said property with said water pipeline in accordance with the terms of this chapter.
All notices shall be addressed to the owner(s) of said property as the name(s) of said owner(s) appear(s) in the last tax duplicate of the Township, shall describe the property by lot and block designation as it appears on the Tax Map of the Township, and by the street, if the street address exists. All notices shall state that pursuant to this chapter, the owner is required to connect each building on such property to the water pipeline in accordance with the terms of this chapter on or before the connection date for such building or, if such connection date has passed, within 30 days of service of such notice as hereinafter provided, and said notice shall also describe the penalty which may be imposed for failure to comply with said notice in accordance with the terms of this chapter. Said notice may be served on the owner personally or by leaving it at his/her usual place of abode with a member of his/her family above the age of 18 years. With regard to any such owner not residing in the Township, said notice may also be served within or without the limits of the Township by mailing it by certified mail to the last known post office address of the owner as it appears on the last tax duplicate of the Township.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500, in the discretion of the judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended by Ord. No. 2002-28]
In addition to the penalties provided in § 405-8, if the owner of any property in the Township shall fail or refuse to make any connection or installation required by this chapter within the tune or times herein prescribed, the Township may proceed to make such connection or installation or cause the same to be made pursuant to the authority of N.J.S.A. 40:14B-1 et seq. and charge and assess the costs thereof as a lien against such property pursuant to N.J.S.A. 40:14B-1 et seq. Said charge shall bear interest and penalties at the same rate as assessments for local improvements in the Township and shall be collected and enforced in the same manner as such assessments. The Ocean Township Board of Health is designated as an agent of the Township to enforce compliance with this chapter.
[Amended by Ord. No. 2001-22]
Whenever the Ocean Township Municipal Utilities Authority has constructed, run or extended a water line with in the Township, without incurring any bond indebtedness to construct such a line and/or extension, the property owner shall be exempt from the time requirements of the Township's mandatory connection ordinance as set forth in this chapter until such time as he or she chooses to connect to same. In addition, at the time of such connection, the property owner must then pay the existing connection fee as duly adopted and promulgated by the Ocean Township Municipal Utilities Authority.