[HISTORY: Adopted by the Township Council of the Township
of Parsippany-Troy Hills 11-22-2022 by Ord. No. 2022:33. Amendments noted
where applicable.]
For purposes of this chapter:
A licensed vendor that contracts with the Township of Parsippany-Troy
Hills to replace lead and galvanized service
lines.
The Township of Parsippany-Troy Hills Water Department of
the Township of Parsippany-Troy Hills.
A building or structure or part thereof containing one or
more dwelling units. This chapter shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating,
or bathing.
The water line on private property that leads to the structure
or building that is connected to the main Township of Parsippany-Troy
Hills water line. This definition includes service lines composed
of lead or galvanized iron or steel pipe.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or who has equitable title
and is either in actual possession or collects rents therefrom; or
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner; or as mortgagee or as vendee in possession either
by virtue of a Court order or by agreement or voluntary surrender
of the premises by the person holding the legal title; or as collector
of rents has charge, care or control of any dwelling or rooming house.
The Township of Parsippany-Troy Hills.
It is hereby established that the existence of lead or galvanized
service lines is prohibited in the Township of Parsippany-Troy Hills.
A property owner may be excluded from the mandatory replacement
of its lead or galvanized service line by providing the Township of
Parsippany-Troy Hills Water Department, within 90 days of the effective
date of this chapter, with written proof from a licensed and certified
plumber or by completing the Township's Customer Water Service
Line Material Evaluation Survey that it does not have a lead or galvanized
service line on its property and/or that the lead or galvanized service
line was previously removed and replaced.
A.
The owner of any dwelling, building or structure serviced by a lead
or galvanized service line is required to replace the lead or galvanized
service line on their property. The replacement of the lead service
line must be completed within 90 days from the date of the notice
from the Parsippany-Troy Hills Township Water Department. An extension
of time may be granted where the owner can demonstrate, to the Parsippany-Troy
Hills Township Water Department designee, that a good faith effort
has been made to comply with this chapter.
B.
The owner of any dwelling, building or structure shall replace their
lead service line by any of the following methods:
(1)
Signing up for the lead or galvanized service line replacement being
performed by the Township of Parsippany-Troy Hills and allowing contractors
to access on their property to conduct the replacement. The contractor
will provide the owner with a right of entry form for completion.
The right of entry form will provide the contractor with access to
the property to verify the existence of a lead or galvanized service
line. If the service line is found to be lead or galvanized, the Township
will replace the service line and the owner shall be assessed the
cost of the replacement of its lead or galvanized service line. The
cost of such replacement will be paid by the owner to the Township
at one time or over a ten-year period, with legal interest thereon,
pursuant to N.J.S.A. 40:56-35; or
(2)
Replacing the lead service line on their own and at their own expense.
If an owner selects this option, then replacement must be completed
within 90 days from the date of the notice from the Parsippany-Troy
Hills Township Water Department. An extension of time may be granted
where the owner can demonstrate, to the Township of Parsippany-Troy
Hills Water Department designee, that a good faith effort has been
made to comply with this chapter. An owner is required to provide
the Township of Parsippany-Troy Hills Water Department with proof
that the lead or galvanized service line has been replaced. Proof
must include at a minimum: a permit issued by the Township of Parsippany-Troy
Hills Building Department to a licensed plumber authorized to do the
work; an invoice from the contractor who completed the work; a copy
of the estimate along with any report of the work completed, and an
inspection report verifying the removal.
A.
Notwithstanding § 239-4, if an owner of the dwelling, building, or structure does not sign up for the lead and galvanized service line replacement to be performed by the Township or does not replace its lead service line within 90 days from the date of the notice to replace same from the Parsippany-Troy Hills Water Department (or within the time frame provided in an extension) or is inaccessible or otherwise denies access to the property to enable the replacement of the line, then the following procedure shall be followed:
(1)
The Township shall secure entrance to the property from the owner
or current occupant of the dwelling, building, or structure, and the
Township shall incur no liability from the owner. The contractor will
provide the owner with a right of entry form for completion. The right
of entry form will provide the contractor with access to the property
to verify the existence of a lead or galvanized service line. The
Township shall restore the property to its original condition, or
as close as possible to its original condition; and
(2)
If access is granted by the occupant of the dwelling, building, or
structure, then the occupant shall be held harmless, and no liability
shall incur to the Township or occupant due to the replacement of
the lead or galvanized service line by the Township of Parsippany-Troy
Hills; and
(3)
If access is denied by the current occupant or owner, then the Township
shall commence procedures, including a court action, to conduct the
replacement of the lead service line.
A.
Upon the sale or transfer of ownership of any dwelling, building,
or structure, the owner must provide proof that the lead or galvanized
service line has been replaced in order to secure a certificate of
occupancy, certificate of code compliance, and smoke & carbon
monoxide detector certificates.
Violations of this chapter by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000,
or by imprisonment for a term not exceeding 90 days or by a period
of community service not to exceed 90 days.
