[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
When a drought results in a marked lowering of the normal water
levels in the wells in the Essex Fells Water System from which the
Borough of Roseland obtains its potable water, and in the failure
of the wells to recover as they have heretofore from the heavy drains
placed upon them during the summer months; and
When an emergency exists which jeopardizes the public health
and safety, peace and welfare of the public; and
When the Mayor and Council of the Borough of Roseland, being
mindful of its duty and responsibility to the citizens of the Borough,
and more particularly to users of the potable waters furnished by
the Borough, for a continued adequate supply of potable waters for
domestic and sanitary uses and for fire protection, is of the considered
opinion, after receiving a report of the emergency situation from
the Department of the Borough of Essex Fells and after confirming
the existence of an emergency situation through its own investigation
and through information obtained from Division of Water Policy and
Supply of the Department of Conservation and Economic Development
of the State of New Jersey, and after obtaining additional competent
disinterested advice, that it is necessary in the public interest
promptly to take all reasonable precautions and measures to help conserve
the existing water supply and to prevent waste and the use of water
for any but domestic sanitary uses, fire protection and such other
use as is reasonably necessary in the conduct of such business and
industries as may exist in the Borough of Roseland and served by its
water system; and
Whereas, the contract entered into between the Borough of Roseland
and the Borough of Essex Fells, which provides that the Borough of
Essex Fells will furnish potable water to the Borough of Roseland
for the public and private uses of the inhabitants of the Borough
of Roseland, which contract was entered into in accordance with the
terms of an ordinance passed by the Mayor and Council of the Borough
of Roseland in the 13th day of May, 1947, provides among other things
in Section 5 thereof that the Borough of Roseland will "when so required,
subject its citizens to such restriction in the use of water as may
be necessary to conserve the supply in case of shortage or emergency,
provided such restrictions are not more stringent than those placed
upon all other users of water from the plant" of the Borough of Essex
Fells; and
Whereas, the contract between the Boroughs of Essex Fells and
Roseland was duly approved by the Water Policy Commission of the State
of New Jersey; and
Whereas, the Mayor and Council of the Borough of Essex Fells
duly adopt an ordinance for the purpose of conserving its water supply
and providing for emergency restrictions similar to those provided
for herein; and
Whereas, the Borough of Essex Fells has requested compliance
with the terms of the aforesaid contract and cooperation on the part
of the Borough of Roseland; and
Whereas, experience has demonstrated that appeals for voluntary
aid and water conservation are ineffectual because the response is
not uniform and inequities result.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
At such time as the Mayor of this Borough, with the advice and
consent of two-thirds (2/3) of the Council, formally proclaims that
in the judgment of the Mayor and Council an emergency exists in the
potable water supply resources of the water system of the Borough
of Essex Fells or in the water supply resources of the Borough's own
water system, requiring the taking of measures for the conservation
of water as are hereinafter specified, all of which judgment shall
be exercised by the Mayor and Council only after independent investigation
of the facts surrounding the emergency, and only when, in addition
thereto, an emergency is said to exist in the Borough of Essex Fells,
and only after confirmation of the existence of the emergency has
been obtained by consultation with the Division of Water Policy and
Supply of the Department of Conservation and Economic Development
of the State of New Jersey, this section shall become effective until
such time as the Mayor, with the advice and consent of two-thirds
(2/3) of the Council, declares such emergency to have terminated.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
Upon the making of a proclamation of emergency, the same shall
be conclusive upon all persons and users upon the filing of the same
in the office of the Borough Clerk and the publication thereof by
the Borough Clerk at least once in an official newspaper of the Borough
of Roseland.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
The Borough Clerk shall also forthwith give written notice of
the proclamation to the various departments of the Borough to refrain
from street and gutter flushing, hydrant flushing, fire hose testing
and other similar practices, except as these practices are deemed
necessary in the interest of public health or safety, until the emergency
is declared no longer to exist.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
Through the medium of a proclamation of emergency, the Mayor
and Council are hereby authorized to prescribe regulations to:
a.
Prohibit the use of water from the municipal supply for any purpose
not necessary to the health, safety or general welfare of the public;
b.
Allocate and pro-rate the available water supply;
c.
Reduce consumption by users;
d.
Prevent waste for the period of duration of the emergency.
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The regulations set forth in the proclamation and any regulations
made and published as aforesaid, upon filing thereof in the office
of the Borough Clerk, shall become a part hereof, the same as if specifically
incorporated and set forth herein.
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[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
During the continuance of the emergency, all occupants of buildings
within the Borough shall terminate all known water leaks in their
building plumbing systems and shall use all reasonable means to maintain
the same free from leaks. If, following tests and inspections by Borough
employees, leaks in building plumbing systems are reported to building
occupants, these leaks shall be eliminated by the occupants within
thirty-six (36) hours after the sending of the report.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
During the continuance of the emergency no water from the potable
water system of the Borough shall be used for lawns, gardens, shrubbery
or other outside sprinkling, spraying or watering, nor for any car
washing by individuals, nor other similar outside or outdoor use.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
The occupants of every building in the Borough shall, during
the continuance of the emergency, observe, conform to, obey and respect
any potable water rationing regulations and restrictions which may
hereafter be promulgated by resolution of the Mayor and Council, of
which notice is given by publication, handbill or other similar means.
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
[Ord. No. 32-1999 § I; Ord. No. 7-2015 § 1]
In addition to the publication of an emergency proclamation and the filing of the same in the office of the Borough Clerk as provided in subsection 17-11.3 hereof, immediately following the issuance of the emergency proclamation and subject to the rules and regulations, and further regulations prescribed in accordance with subsection 17-11.5 hereof, notice by ordinary mail or by posting and by house to house calls by Borough employees shall be given to at least one (1) adult occupant of each building in the Borough, and twenty-four (24) hours after the issuance of the proclamation, the provisions of this chapter shall become effective and shall remain effective until the date when the Mayor, with the advice and consent of at least two-thirds (2/3) of the Council, shall, by proclamation, declare the emergency to have terminated.
