[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 30-95]
Whenever the supply or quality of potable water to the Borough is restricted, impaired, threatened or jeopardized by any naturally or artificially occurring condition, the Mayor, upon the advice of the Water Superintendent and upon notice to the Water Committee of the Borough Council, shall have the authority to declare a water emergency by the issuance of a proclamation, which proclamation shall identify that portion of the municipality that is affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in § 237-2 of this article is being imposed as well as any exemptions as may be authorized. Said declaration shall remain in effect from the date of said proclamation to the next meeting of the governing body at which official action may be taken concerning the water emergency proclamation. Said declaration shall terminate unless the governing body shall by resolution ratify the proclamation of the Mayor. Any proclamation of the Mayor or resolution adopted by the governing body may contain exemptions to the water use restriction imposed by said action where a bona fide health emergency exists or which may cause an undue hardship to any persons or businesses.
There shall be three phases of water use restrictions which may be implemented during any water emergency as declared by the Mayor and ratified by the governing body by resolution as provided for in § 237-1 above. The three phases of water use restrictions shall be as follows:
Phase I: voluntary conservation of the use of water both indoors and outdoors, including the watering of lawns and plants, the filling of swimming pools and the washing of cars.
Phase II: the mandatory restriction on the outdoor use of water on alternate days allowing outdoor water usage by persons or businesses having even house or box numbers on even numbered days and those having odd house or box numbers on odd numbered days, with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency.
Phase III: the complete mandatory ban on the outdoor usage of water by all persons and businesses, including but not limited to the watering of lawns and plants, the filling of swimming pools and the washing of cars, together with any other water restrictions which are reasonable under the circumstances considering the nature and extent of the water emergency imposed by the governing body in the adoption of a resolution ratifying the Mayor's declaration of a Phase III water emergency.
The declaration of a water emergency issued by the Mayor shall only apply to those business or persons receiving water from the Municipal Water System or that portion of the Municipal Water System designated by the Mayor. There shall be no prohibition on the use of water from private wells or by the use of water by customers of private water companies unless the governing body shall first adopt a resolution specifically making the Mayor's proclamation applicable to private wells and water companies in all or a part of the Borough, in which event the water use restrictions proclaimed by the Mayor shall apply to private wells and water companies in the effected area.
The resolution of the governing body required by § 237-1 of this article shall 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 governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall 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 governing body shall be satisfied that the water emergency continues to exists, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
The water use restrictions imposed pursuant to this article may be enforced during a water emergency by any municipal official and any municipal official is hereby empowered to write warning notices or summonses for the violation of the water use restrictions imposed pursuant to this article.
Whenever a municipal official shall find a person or business violating the water use restrictions for a first time, such official shall give the violator a written warning and explain the penalties for further violating this article as provided for in § 237-6 hereof. The municipal official 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 violation of this article.
After a written warning in accordance with § 237-5 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a first offense, the fine imposed shall be a minimum of $100 up to a maximum of $500 or imprisonment not to exceed 10 days or a period of community service not to exceed 10 days, or any combination thereof. For a second or any subsequent offense, the fine imposed shall be $1,000 or imprisonment not to exceed 30 days or a period of community service not to exceed 30 days, or any combination thereof.
[Adopted 9-4-2002 by Ord. No. 27-2002]
This article shall be known as the "Hopatcong Borough Water Utility Ordinance."
There is hereby established in the Borough of Hopatcong a public water utility to be designated as the "Hopatcong Borough Water Utility."
The water system shall be operated by the Borough as a municipal public utility to be operated pursuant to the provisions of Title 40A:31 of the New Jersey statutes. All fees and charges shall be established under a fee ordinance as provided by law. All fees and charges received by the Borough in connection with the water utility shall be deposited in a dedicated account designated as the "Hopatcong Borough Water Utility Fund" and used only for the purposes of such municipal utility pursuant to N.J.S.A. 40A:4-62.
[Amended 11-7-2007 by Ord. No. 24-2007]
The Hopatcong Borough governing body shall periodically determine the number of approved allocations to connect to the public water system and shall establish minimum criteria for those property owners seeking to qualify to connect to the public water system.
Based upon the recommendation of the Public Health Officer and the Water Utility Operator, after a complete review of a written request from a property owner to connect to the public water system, and in accordance with the number of approved allocations and conditions related thereto established by the governing body, a determination shall be made by the Mayor and Borough Administrator when a property owner is eligible to connect to the public water system. If a property owner is eligible to connect to the public water system, the Borough Administrator or designee shall give notice to the owner of property to connect. Such notice shall be addressed to the owner of said property as it appears on the tax records of the Borough and shall describe the property by lot and block designation and by the street address, if a street address exists. The notice shall state that the owner is eligible to connect each building on said property to the public water system within 90 days after service of such notice. The notice shall indicate that failure to connect within 90 days shall result in the loss of the allocation for said property. The notice may be served by mailing the same by certified mail to the last known post office address of said owner as it appears on the tax records of the Borough. Said notice on the owner may also be served personally or by leaving it at the usual place of abode with a member of his family above the age of 18 years.
An existing premises serviced by a private well or any other water source that connects to the public water system shall remove the components of the well or other supply system, including disconnecting the well supply line at the foundation. Any existing well on a premise connected to the public water system shall be sealed by a licensed well driller certified in sealing wells.
Subsection C shall not apply to property owners with a valid current New Jersey State Department of Environmental Protection irrigation well permit on or before the date this section takes effect. Any property owner that has said permit shall be required to install a reduced-pressure backflow preventor as approved by the Hopatcong Water Operator.
Any premises currently connected to the public water system which also has a private well will have 180 days to comply with Subsection C. If the property owner does not comply, the Borough Administrator shall issue a thirty-day-warning letter. Thereafter the property owner shall be in violation of this section and subject to the penalties herein.
Any person or corporation in violation of this section shall, upon conviction, be fined not less than $250 to a maximum of $1,250. An additional fine of up to $50 shall be imposed for each day of delay after the initial summons is issued. Penalties under this section shall be enforced by the Municipal Court of the Borough of Hopatcong.
This article shall take effect on January 1, 2003, after passage and publication as required by law.