[Ord. 2/7/90; Preamble]
The North Bergen Municipal Utilities Authority (MUA) by resolution
of August 10, 1989, after hearing duly held in accordance with statutory
requirements adopted a Sewer Connection Fee Resolution, which requires
that all those persons who are constructing, building and/or developing
any property in the Township of North Bergen, and Town of Guttenberg
as the terms are defined under the Municipal Land Use Act and/or ordinances
of the Township of North Bergen, and Town of Guttenberg to pay to
the MUA a connection fee prior to the issuance of any Certificates
of Occupancy, and prior to the issuance of a permit to build in accordance
with terms of the Connection Fee Resolution incorporated herein by
reference.
By Resolution adopted on December 14, 1989, by the MUA pursuant
to hearing held thereon, the terms of the August 10, 1989, Sewer Connection
Fee Resolution were affirmed and confirmed.
It is the desire of the Mayor and Board of Council of the Town
of Guttenberg to coordinate with the North Bergen MUA and to help
enforce the terms and conditions of the aforementioned MUA Resolutions,
and to further provide direction to the Building Department and Construction
Code Official of the Town of Guttenberg in accordance therewith.
[Ord. 2/7/90 § 1]
Prior to the issuance of any permit for construction, the Building
Department and Construction Code Official thereunder, shall direct
the person submitting such application for such permit, to the office
of the North Bergen MUA for purposes of having the person submit a
CP-1 application, and to otherwise comply with the Sewer Connection
Fee Resolution as set forth hereinabove.
[Ord. 2/7/90 §§ 2
- 3]
a.
The Building Department and Construction Code Officials shall not
issue or authorize the issuance of any permit for construction until
the applicant has complied with all requirements of the MUA and the
Sewer Connection Fee Resolution, and the applicant evidences receipt
from the MUA of payment of the connection fee.
b.
The Building Department and Construction Code Official thereunder
shall not issue any Certificates of Occupancy upon any application
unless the applicant has complied with all requirements of the MUA
Sewer Connection Fee Resolution, and evidences receipt from the MUA
of having satisfied and paid the sewer connection fee.
[Ord. 2/7/90 § 4]
All terms and conditions of the Sewer Connection Fee Resolution
as adopted on August 10, 1989, and as confirmed and affirmed on December
14, 1989, shall be incorporated by reference herein.
[Ord. 2/7/90 § 5]
The Building Department and Construction Code Official thereunder
shall submit on a weekly basis to the Executive Director of the North
Bergen MUA a list of all those applicants who have submitted any applications
for construction permits.
[Ord. 2/7/90 § 6]
The Building Department, and Construction Code Official thereunder,
shall issue a stop work notice to any person who has undertaken any
building, construction or development projects without having first
paid to the MUA the connection fee as required by the MUA in accordance
with the Sewer Connection Fee Resolution.
[Ord. 9/20/89A § 1]
Whenever the Mayor and Board of Council find that a water emergency exists in the Town, it may adopt a resolution declaring that such a water emergency exists in the Town. Such a resolution may be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such a 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 subsection 17-1.2 of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately and shall continue in effect for 90 days, unless extended or replaced as set forth in subsection 17-1.3 of this section. For the purpose of this subsection, a water emergency shall exist if:
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 Mayor and Board of Council are otherwise satisfied that a water
emergency exists in the municipality.
[Ord. 9/20/89A § 2]
Upon adoption by the Mayor and Board of Council of a resolution declaring that a water emergency exists in the Town of Guttenberg in accordance with subsection 17-11.1 of this section, all citizens shall be urged to observe voluntary indoor conservation measures and any or all of the following water use restrictions may be imposed and, if imposed, shall be applicable to all residents and tenants, except where a bona fide health emergency exists:
a.
The complete ban and prohibition of outside water usage, including,
but not limited to, the watering of lawns and plants, the filling
of pools and the washing of cars; or
b.
The limiting of outside water usage by 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 Mayor and Board of Council in the resolution authorized by subsection 17-11.1 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restrictions imposed pursuant to this subsection 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 subsection 17-11.1 of this section.
[Ord. 9/20/89A § 3]
The resolution of the governing body authorized by subsection 17-11.1 of this section shall, in addition to complying with subsection 17-11.1, 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 Mayor and Board of Council shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it may 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 Mayor and Board of Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution under the authorization of this section continuing the water use restrictions.
[Ord. 9/20/89A § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the Police Department. Whenever a violation of the water use restrictions shall be found, the violator shall be given a written warning and advised of the penalties for a second and third offense as provided by subsection 17-11.5 of this section. The Police Department 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 Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. 9/20/89A § 5]
After a first offense in accordance with subsection 17-11.1 of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days or both.
