The Township Council finds that the adoption of this article is necessary for the public health, safety and welfare and is in the public interest because:
Of the long-continued droughts occurring from time to time in this area of the state which result in a dangerous lowering of the Township's potable water reserves and which threaten the preservation of the public health, safety and welfare.
Past experience has demonstrated that appeals for voluntary aid for water conservation are not and have not been as effective as necessary.
The Township, pursuant to contract, receives much of its potable water from the Town of Montclair and is, therefore, greatly dependent upon said municipality for its water.
The aforesaid droughts lower the surface reservoirs from which the Town of Montclair obtains its water.
Under the terms of the aforesaid contract, the Township agrees to cooperate and assist the Town of Montclair in the conservation of the potable water supply and agrees to enforce restrictive measures at least equal to those in force in the Town of Montclair.
The Town of Montclair has duly adopted an ordinance for the purpose of conserving its water supply and to prevent the waste of water and providing penalties for violations thereof.
Under the terms of that ordinance, the Township of Cedar Grove is obligated to enforce similar restrictive measures for the conservation of potable water.
Whenever the average amount of water in the reservoirs from which the Township either directly or indirectly receives its water in any one month falls 20% below the average amount of water in storage for the corresponding months of a five-year period immediately preceding, and whenever the Township Engineer upon an independent investigation certifies that an emergency exists in said water supply, and whenever the Town of Montclair, through its Director of the Department of Public Works, shall proclaim the existence of an emergency in the water supply system of the Town of Montclair (should the Township of Cedar Grove be purchasing all or part of its potable water supply from the Town of Montclair), the Township Manager may, for the protection of health, safety and general welfare of the citizens and residents of the Township, proclaim the existence of a water emergency and prescribe regulations to:
The proclamation of the emergency shall be conclusive of the fact of the existence of such emergency and shall be binding upon all persons and users, upon the filing of the same in the office of the Township Clerk and the publication thereof, at least once, in the official newspaper or newspapers circulating in the Township. The regulations set forth in the proclamation, and any subsequent regulations made and published, as aforesaid, upon filing thereof in the office of the Township Clerk, shall be deemed to have the force and effect of regulations adopted under the authority of this article, the same as if specifically incorporated and set forth herein. Every owner, lessee, tenant and occupant of any building or premises connected with the municipal water supply, and every user thereof, under any contract, ordinance or statute, shall, upon the proclamation and promulgation of the regulations as aforesaid, become bound thereby and by the provisions of this article and shall conform thereto and comply therewith in the use of water and the maintenance of the water service connections and equipment for the purposes thereof.
Upon the making of said proclamation of emergency, the Township Manager shall forthwith give written notice to the appropriate departments of the Township to refrain from all street and gutter flushing, hydrant flushing, fire hose testing and other similar practices, except as said practices are deemed necessary in the interest of public health or safety and until said emergency is declared no longer to exist.
Every owner of buildings and premises connected with the municipal water supply shall:
Every lessee, tenant and occupant of any building or premises connected with the municipal water supply shall:
Immediately notify the owner, or his agent, of any defective water service pipes, fixtures or connections whereby water is being wasted.
Immediately notify the Township Water Department or Police Department of any waste occurring by reason of defective water service pipes, fixtures or connections.
Every owner and user of water shall, during the period of a water emergency, be chargeable with notice of any waste of water due to defective water service pipes, fixtures or connections, and of the regulations promulgated under the proclamation. It shall be the duty of the owner to forthwith make or cause to be made repairs necessary to prevent such waste.
Whenever an owner shall fail or refuse to make repairs so as to prevent the waste of water, then the Township shall have the power to make such repairs and to charge the cost thereof to the owner in the same manner as other water charges are made, as by the statutes and ordinances provided, or to shut off the water from such premises until such repairs are made by the owner.