[Adopted 9-13-1989 by Ord.
No. 29-1989[1]]
[1]
Editor's Note: This ordinance also superseded former Art. III, Mandatory
Connections, adopted 6-11-1986 by Ord. No. 27-1986.
All buildings, facilities and other structures containing
or utilizing any form of water provision system, including but not limited
to a private well, shall be connected to a public water purveying system,
provided that there is a public water purveying system installed within a
distance of 200 feet. The distance of 200 feet is defined as being from the
curbline of the roadway or street and any portion of that building, facility
or other structure.
Those buildings, facilities or structures shall include but are not
limited to residential single-family dwellings; townhomes; condominiums; apartments;
commercial buildings, structures and enterprises; industrial buildings, structures
and enterprises; and any related facilities, as well as any institutional
buildings, facilities or structures. This shall also refer to those currently
in existence, or hereafter constructed, assembled or moved onto any lot or
lots in Egg Harbor Township.
As used in this article, the following terms shall have the meanings
indicated:
Operated by either a municipal water authority (constituted under
the Egg Harbor Township Municipal Utilities Authority or as a separate authority)
or a private corporation/entity regulated by the New Jersey Board of Public
Utilities for this purpose.
A.
The owner of the described buildings, facilities or structures
shall be notified in writing by certified mail of the existence of a completed
public water purveying system or the anticipated completion date of the public
water purveying system within the described vicinity of the owner's property,
which notice shall contain a demand to make connections with the water purveying
system in accordance with the water purveyor's rules and regulations as well
as any and all applicable plumbing and building codes and regulations. Hand
delivery also shall be an acceptable means of providing notification. Such
notice shall be addressed to the owner of said property as the name of the
owner appears on the most recent tax records of the Township of Egg Harbor
and shall describe the property by lot and block designation as the same appears
on the Tax Map of Egg Harbor Township. Said notice may be served within or
without the limits of Egg Harbor Township by mailing the same by certified
mail to the last known post office address of said owner as appears of record
in the Tax Collector and/or Tax Assessor's file in Egg Harbor Township.
B.
The property owner shall have 60 days from the date of
the notice or the date of completion of the main line of the system in proximity
to the subject property, whichever is later, to comply at his expense with
the demand to make water connection.
C.
The described notice may be made either by a duly authorized
Township official or by the water purveying system operator.
Private well owners must also disconnect their wells from any utilization
whatsoever in a residential dwelling place or, in the case of a commercial,
institutional or industrial building, structure or facility, from any use
where water will be used for human or animal consumption or utilized otherwise
for cooking. The well owner may, if the well is not declared by the State
Department of Environmental Protection to be exposed to contamination from
toxic substances, utilize the existing well for exterior purposes, which include
but are not limited to watering lawns, washing cars, filling swimming pools
or for commercial, institutional or industrial uses where there is no consumption
or cooking involved. This shall be also performed at the expense of the property
owner. No direct connections between any private well and the public water
purveying system will be allowed.
[Added 3-10-1999 by Ord.
No. 9-1999]
All privately owned water wells which are currently used to provide
potable water within an area delineated by the New Jersey Department of Environmental
Protection as a groundwater impact area (GWIA) or currently known extent (CKE)
of groundwater contamination shall dismantle and permanently seal their wells.
Well sealing shall be done in accordance with the requirements of N.J.A.C.
7:9-9 (or subsequent amendments) within 30 days of the date that centrally
supplied water service becomes available to each structure which had been
supplied with well water in the past. Exemptions to this requirement for well
sealing may only be granted by the New Jersey Department of Environmental
Protection.
Should the owner not voluntarily arrange waterline connections within
the time frame described herein due to some excusable inability, he may, in
writing, seek and receive an additional 30 days' extension to arrange that
waterline connection. Said request shall be sent by certified mail to the
commercial or public entity responsible for installing the public water purveying
system explaining the cause for the delay in detail. Such permission may not
be unreasonably withheld. Only one such extension may be granted.
Acknowledging that under certain circumstances there are water fountains
and other water-consuming devices which are not necessarily a part of the
herein-described buildings, structures or facilities, it is expressly stated
herein that no water fountain or such devices which operate within the described
vicinity of a public water purveying system, as described herein, shall continue
to operate without being connected to that system.
[Amended 4-12-2006 by Ord. No. 20-2006]
Should an owner of any property affected by this article not comply
with any provisions herein or otherwise fail to make connections with the
waterlines described, said action or inaction shall be deemed to be a violation
of this article for which the offending party will be subject to a fine of
up to $250 for the first day and $25 each day thereafter until the activities
mandated herein are completed, up to a maximum fine of $2,000.
