Chapter 159. WATER AND SEWER UTILITY Part 1 Water. ARTICLE I Water Department. ARTICLE II General Provisions

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1 Department continued. Chapter 159 WATER AND SEWER UTILITY Part 1 Water ARTICLE I Water Department Supervision, management and control Offices and employees Compensation Definitions Applications for water service Processing of application. ARTICLE II General Provisions Use of Township water; limited use of wells Water for building purposes Right of entry for inspections; interference Discontinuance of service Water in air-conditioning systems Service interruption Water consumption rates or charges Service charges Miscellaneous charges. ARTICLE III Rates, Charges and Permit Fees Payment of bills; payment dates; penalty for late payment; shutoff Lien for unpaid charges.

2 ARTICLE IV Control of Water System Control by Township Installations to comply with regulations Protection of service pipes Extensions or changes in mains Specifications for main extensions Meters required Meter installations Care and protection of meters Ownership and control of meters by Township Meter tests. ARTICLE V Hydrants and Sprinkler Systems Unauthorized use or obstruction of hydrants prohibited Attachment of hose to private outlet; water use restricted Sprinkler system installation Legislative declaration Duty to prevent waste of water. ARTICLE VI Drought and Water Shortages Repairs by Township; shutting off water Curtailment of use of water Authority to proclaim emergency and prescribe regulations Effect of proclamation and regulations Curtailment of use of water by municipal departments. ARTICLE VII through X

3 (Reserved) through (Reserved) Agreement authorized. Part 2 Sewers ARTICLE XI Mann Avenue Service Agreement Construction authorized; acquisition of rights-of-way Maximum cost House connections required; costs Sewerage user charges Service charge established Quarterly unit charge Rate schedule Payment of service charges Delinquent payment. ARTICLE XII Sewer Service Charges; Connections Collection of service charges by Water Department Required connections; fee Definitions Pipe specifications Connections by Township; cost Abandonment of individual septic systems; certification. ARTICLE XIII Sewer Use Declaration of intent; statutory authority Definitions.

4 Connection required Application for connection Payment of prior arrears and charges due required prior to acceptance Effect of accepted application Conditions for acceptance of application Responsibility of customer Procedure upon change of ownership Applications from industrial and commercial establishments Renewal of service Procedure when connection previously made and service desired Payment of sewer service charges Treatment works approval required for certain connections Copies of approval of site plan required for certain developers Prohibited discharges Actions with regard to discharge of certain wastewaters Pretreatment of wastes Inspection, testing and reporting of industrial waste Violations and penalties Damage to system Service laterals Repair of broken pipes Data to be submitted prior to approval of application involving acceptance of industrial waste Prohibited connections Nonacceptable wastes Grease, oil and sand interceptors and oil reclaimers.

5 Provision of control manhole by industries. Procedure where owner provides separate water supply Procedure where owner provides separate water supply Facilities for inspection of industrial waste being discharged; method for computing user charges Schedule of discharges Changes in previously approved industrial waste Failure of industry to conform to regulations Permit required for connections, alterations or repairs Prohibited acts; penalties Permits; fees License and permit required to perform work on property owner s connection Suspension of permit Persons permitted to perform work on property owner s connection Regulations applicable Requirements applicable to permittee Exemptions to required hookup User charges Fees and escrow deposits Liability of Township Effect of acceptance of wastes exceeding limits Written consent Amendments and additional provisions Construal of references Connection to sewer system upon availability; abandonment and filling of individual disposal facilities.

6 Pumping of residential septic tanks Pumping of residential seepage pits Pumping of nonresidential septic tanks and seepage pits Effect on other ordinances Additional rules and regulations through (Reserved) Violations and penalties. ARTICLE XIV (Reserved) Part 3 Penalty Provisions ARTICLE XV Violations [History: Adopted by the Township Committee of tile Township of East Hanover as indicated in part histories. Amendments noted where applicable.] Land use and zoning See Ch. 95. Public swimming pools Ch GENERAL REFERENCES Part 1 Water [Adopted as Ch. 21 of the Revised Ordinances] Department continued. ARTICLE I Water Department The Water Department heretofore established and known as the Township of East Hanover Water Department is hereby continued Supervision, management and control. The Water Department shall be under the supervision, management and control of the Township Committee Officers and employees. The Township Committee of the Township shall have the power and authority to employ such officers

7 and employees as in its opinion shall be required to adequately and effectively operate the Water Department Compensation. The salaries or other compensation of the officers and employees of the Water Department shall be fixed by the Township Committee and shall be included in the salary Ordinance providing and determining the rate of compensation of officers and employees of the Township. 1 1 Editor s Note: See Ch. 47, Salaries and Compensation Definitions. ARTICLE II General Provisions As used in this Part 1, the following terms shall have the meanings indicated: MAIN or MAINS All pipes, other than supply pipes and service pipes, used for conveying water to or distributing water in the Township. METER RATES Rates or prices to be charged for water, based upon the quantity consumed as measured by an approved water meter. OWNER Any person, firm, corporation or association owning any property or premises which is or prospectively can be supplied with Township water, or his duly authorized agent. PREMISES A building used for either business or residential purposes, or both, together with the land appurtenant thereto and such outbuildings as are used exclusively in connection therewith, or any part of a building with the land appurtenant thereto when sold as a separate unit. SERVICE PIPE A pipe extending from the curbline into privately owned property for supplying water thereto. SUPPLY PIPE. A pipe connected to the main and extending thence to and including the curb stop and valve at the curbline of the street.. WATER DEPARTMENT Township of East Hanover Water Department Applications for water service. The owner of any premises, or his authorized agent, desiring to use township water or to make a change in an existing water supply to any premises, shall first make application in writing to the Water Department for such water service, upon forms furnished by the Water Department. Such application shall request permission to connect to the township water system, subject to the provisions of this chapter, and bear the consent and agreement that the applicant shall be bound and governed by all the provisions of this chapter and all rules and regulations hereafter adopted by the township. Any misrepresentation of facts contained in any application shall be deemed a violation of this section Processing of application.

8 A. Upon receipt of an application for service, the Water Department may make or cause to be made an inspection of the premises. Unless the application is rejected for cause by the Water Department, it will render to the owner of the premises a bill in accordance with the provisions of Article III hereof ( et seq.) and upon payment thereof will issue a permit to connect to the township water system. B. No additional connections or alterations to existing connections shall be made to any premises unless and until charges of every nature due the township from such owner or against such premises are first paid Use of township water; limited use of wells. A. Every owner of a premises with a frontage on a street in the township shall be required to obtain water for such premises from the township unless special permission is granted by the Township Committee to obtain water from another public water supply. This subsection shall not apply to the owner of premises using wells existing on November 1, 1967, for drinking or sanitary purposes, in lieu of the public water supply system. B. Water from wells constructed after November 1, 1967, in areas of the township where the public water system is available shall be used only for nonpotable purposes, such as for swimming pools, automobile washing and lawn watering, and shall not be used for drinking or sanitary purposes. C. Any owner of premises connected to the township water system shall not be permitted to disconnect from the township water supply in order to use a well Water for building purposes. A. Written application for a permit to use township water service in the construction or repair of buildings or for other purposes shall be made to the Water Department upon forms furnished by the Water Department, by the owner of such premises or the contractor for the work to be done. The character of the work contemplated and the estimated quantities of the water to be used shall be specified in such application. B. No permit for temporary water service during construction or repairs shall be issued unless the fees prescribed in C shall have first been paid. C. The Water Superintendent may, at his option, furnish and install a meter during the construction or repair of buildings upon the payment of the fee therefor as prescribed in C and, in addition, require a deposit to ensure the return of the meter in good condition Right of entry for inspections; interference. Duly authorized agents of the township, upon presentation of credentials provided by the township, shall have access at any reasonable time to any and all premises supplied with township water for the purpose of making any desired inspection thereof, including the examination of the entire water supply and plumbing system upon said premises. Any person who refuses to admit such duly authorized agent for the purpose of such inspection, or hinders or interferes with him in the performance of such inspection, shall be deemed to have violated this section and be subject to the penalty prescribed in Discontinuance of service.

9 A. Where it is desired to permanently discontinue the use of township water on any premises, a request to the Water Department is required and must be made by the owner. Upon receipt of said notice, the water shall be turned off at the curb stop, and thereafter charges for water for said premises shall not be made. B. In case of the temporary vacancy by the owner or occupant of any premises, the water will be turned off at the curb stop by the Water Department upon written request therefor stating the period of such discontinuance, and will be turned on again on said last-named date following the payment of the necessary charges. C. Where the premises are left unoccupied or vacant, no rebate will be allowed for water registered by the meter unless the water is turned off at the curb stop as in this section provided. D. The township may, at its discretion, shut off water from the premises of any owner or consumer for violating any of the provisions of this chapter, upon giving such owner or consumer at least seventy-two (72) hours notice of such intended action. Such action shall not be deemed to be in lieu of the penalty provisions of hereof. The notice required by this subsection shall be given in person, by telephone or by mailing a copy thereof, postage prepaid, at the post office in the township, to the last known address of the person to be notified as the same appears on the books of the township, and the notice so given shall be conclusively deemed to have been given at the time of such mailing Water in air-conditioning systems. The use of air-conditioning systems utilizing water without provision for recirculation is prohibited Service interruption. In the event that it becomes expedient to shut off the water from any section of the township because of accidents or fire or in order to make repairs or extensions or for other necessary purposes, the township will endeavor to give timely notice to those affected thereby and will, so far as practicable, use its best efforts to prevent inconvenience or damage arising from any such cause; but failure to give such notice or to receive the same will not render the township responsible or liable for damages to property or any refund that may result there from or from any other cause Water consumption rates or charges. ARTICLE III Rates, Charges and Permit Fees A. The rents, rates and charges for water supplied by the township to any premises are hereby fixed in accordance with the schedule set out in Chapter 79, Fees and Licenses; provided, however, that the same may be changed or altered by ordinance. [Amended by Ord. No ] B. The Township Committee may, at its discretion, enter into a contract with any person to supply water for fire protection, manufacturing and irrigation and other special purposes at rates and upon conditions to be designated by the Township Committee. Thereupon such person shall pay to the township the rate and all other charges stipulated in the contract instead of the usual rates charged in the township; provided, however, that nothing herein con-tamed shall alter or affect the lien imposed under this chapter for unpaid water rents or rates or change the right of the township

10 to collect unpaid water rates or rents in accordance with the statutes made and provided therefor. C. The minimum charges per quarter year for metered water service shall be in accordance with the schedule set out in Chapter 79, Fees and Licenses. [Amended by Ord. No ] Service charges. A. Fire protection services. [Amended by Ord. No ] (1) A meter will not be required for those services which are primarily to be utilized for fire protection. However, the customer will be required to provide a meter service for his normal usage of water. The charges for the metered service will be in accordance with the schedule set out in Chapter 79, Fees and Licenses. In those instances where the unmetered portion is to be utilized for sprinkler systems, the charges per quarter year shall be in accordance with the schedule set out in Chapter 79, Fees and Licenses. (2) Where private fire hydrants are installed along the service, the charge for servicing said hydrants per hydrant per quarter shall be as set out in Chapter 79, Fees and Licenses. All private fire protection systems, including hydrants, are to be installed by and at the customer s expense. All materials and workmanship shall comply with the rules and regulations of the Water Department. The above charges are to cover the availability and use of water for fire-fighting purposes only. B. Temporary water service. Temporary water service will be provided in accordance with the following charges: [Amended by Ord. No ] (1) The fee for a permit for temporary water service during construction of single-family residential properties, for each unit for each six-month period of construction, shall be as set out in Chapter 79, Fees and Licenses. (2) The fee for temporary water service during construction of all other properties shall be such amount as the Water Department estimates will be the cost of water to be used or consumed, based upon the established rates; provided, however, that in no case shall such charge be less for each six-month period of construction than the amount set out in Chapter 79, Fees and Licenses. C. Water services on existing mains. (1) No connection shall be made to the water system without obtaining a permit from the Water Department. The application for said permit shall be accompanied by the application fee in accordance with the schedule set out in Chapter 79, Fees and Licenses. The application fee for services up to and including two (2) inches shall cover the inspection of the work by the Water Department and the furnishing of a meter to the customer. The application fee for services utilizing meters larger than two (2) inches shall cover the inspection only. [Amended by Ord. No ] (2) The applicant shall furnish all the labor and material necessary to install the water service connecting to the existing main and shall obtain all road opening permits, municipal, county or state, as may be required, and shall post such bonds as may be required by governmental agencies having jurisdiction thereof. The service line and the meter and all other appurtenances shall be installed in accordance with the provisions of this chapter and the

11 rules and regulations of the Water Department, as approved by the- Township Committee, in effect at the time application therefor is made. A twenty-four-hour written notice to the Water Department shall be required for installation of the D. Water services on new mains. Prior to the installation of any new main, all property owners fronting on the proposed main will be notified in writing. Those property owners desiring water service will be afforded the opportunity to make application to the Water Department for such service. Those applicants who request a three-fourths-inch service to be installed during the construction will pay an application fee as set out in Chapter 79, Fees and Licenses, and will be provided with a three-fourths-inch service to a point behind the curb and a three-fourths-inch meter for installation within the home. All other work will be done at the applicant s expense. Those property owners who desire a service larger than three-fourths (3/4) inch shall pay the actual cost of installing the service from the main to a point behind the curb and the actual cost of the meter. All other work shall be performed by and at the cost of the applicant. [Amended by Ord. No ; by Ord. No ] E. Major subdivisions. [Amended by Ord. No ] (1) The owner of every major subdivision shall make application to the Water Department for each water service to be installed in said subdivision. A service fee for each meter installation shall be paid to the Water Department in accordance with the schedule set out in Chapter 79, Fees and Licenses. [Amended by Ord. No ] (2) All service connections must be approved by the Water Department. No service, other than as provided for with a temporary permit, shall be permitted to be turned on prior to the issuance of a certificate of occupancy by the Construction Official of the township Miscellaneous charges. [Amended by Ord. No ] The fees for meter tests made at the request of the owner of premises, for inspection of connection for sprinkler system, for inspection of repairs to service pipes and for turning on water shall be as set out in Chapter 79, Fees and Licenses Payment of bills; payment dates; penalty for late payment; shutoff. [Amended by Ord. No ; by Ord. No ; by Ord. No ; by Ord. No ; by Ord. No ; by Ord. No ] A. Commencing with 1993, the billing period and payment dates shall be as follows: Billing Payment Period Start End Date 1 10/1 12/31 3/1 2 1/1 3/30 6/1 3 4/1 6/30 9/1 4 7/1 9/30 12/1 (1) Water bills will be mailed directly to the property owner on record with the Township Tax Assessor. (2) Said property owner will be responsible for the payment of the quarterly water bills as well as any delinquent or unpaid balances.

12 (3) The nonreceipt of a bill will not constitute an excuse for failure to pay. B. The property owner shall have a thirty-calendar-day grace period from the date the same became payable in which to remit full payment for the same. In the event that full payment is not made by the 30th calendar day the same became payable, the property owner shall be charged interest which shall accrue retroactively to the date the same became payable. The rate of interest on delinquent bills shall be the same as that for unpaid taxes upon real estate. C. If a bill remains unpaid after the 30th calendar day following the date upon which the same became payable, it shall be classified as delinquent, and upon five (5) days notice to the property owner, service may be discontinued. If service is discontinued, it shall not be restored until all arrears with interest, costs and penalties are fully paid. The township shall have the same remedies for the collection of arrears with interest, costs and penalties as it has by law for the collection of taxes upon real estate Lien for unpaid charges. Pursuant to the laws of the State of New Jersey, all charges for water, including penalties, are liens upon the premises or property on account of which such charge is incurred until paid and satisfied Control by township. ARTICLE IV Control of Water System A. The water mains, supply pipes, curb stops, service pipes and meters shall be under the exclusive control of the township. B. All persons, other than a duly authorized agent of the township, are forbidden to disturb, tamper with, injure, tap, change, obstruct access to or interfere with any water main, supply pipe, service pipe, curb stop or meter. C. Under no circumstances shall curb stops be opened or closed by any person not an authorized employee of the township Installations to comply with regulations. A. Service pipes, supply pipes, curb stops, meters and all necessary plumbing parts used in the installation and maintenance of water supply systems shall be in accordance with the rules and regulations of the Water Department. B. Supply pipes shall be under the control of the Water Department. C. Service pipes shall be installed at the expense of the owner by a plumber licensed to do plumbing work within the township and shall be installed in accordance with drawings and the materials specified thereon on file in the office of the Water Department. Repairs may be made by duly licensed plumbers on special written permission from the Water Department, and in such case a fee for the inspection of the work by the Water Department, as prescribed in hereof, shall be collected from the said plumber previous to such inspection.

13 D. When new service pipes are installed in any premises, the curb stop shall be left closed and thereafter will be opened only by the Water Department upon request of the owner of such premises. A fee, as prescribed in hereof, shall be collected from the licensed plumber installing the service pipes to cover inspection by the Water Department and shall be paid prior to such inspection. The service pipe trench shall not be backfilled until such inspection has been made Protection of service pipes. Service pipes between the cellar wall and meter likely to be exposed to freezing temperatures must be effectively protected from freezing by the property owner Extensions or changes in mains. Extensions to or changes in existing mains or the construction of new mains within the township may be initiated by the Township Committee or upon petition from property owners or citizens upon forms provided by the township. The Township Committee shall prescribe the terms and conditions upon which such petition will be granted and shall require the written acceptance and guaranty thereof by the petitioner. After such petition shall be granted by the Township Committee, the township will direct the Water Department to proceed as promptly as practicable with the work Specifications for main extensions. The minimum size of water pipe extensions shall be not less than eight (8) inches. No dead-end water line shall be permitted without written consent of the Water Department Meters required. A. All municipal water used on any premises must pass through a meter furnished by the Water Department, except for fire sprinkler connections and temporary water services for construction purposes. B. All persons using water supplied by the Water Department shall have the duty of determining that such water is being supplied through a meter furnished by the Water Department except as otherwise provided in hereof. Any failure so to do shall not relieve such persons from any liability therefor and the Water Department shall determine the amounts of water so used and the rates therefor Meter installations. In all cases where meters are to be installed, the Water Department shall determine the size, proper location and the manner in which such meter shall be installed and protected Care and protection of meters. A. The owner or occupant of the premises where the meter is installed shall be held responsible for its care and protection from freezing or hot water or from other injury thereto or interference by any person or persons. In case of any injury to the meter or in case of its stoppage or imperfect working, he shall give immediate notice to the Water Department. B. Where replacements, repairs or adjustment of any meter, whether owned by the township or not,

14 become necessary due to the act, neglect or carelessness of the owner or occupant of any premises, any expense to the Water Department caused thereby shall be charged to and collected from the owner of such premises Ownership and control of meters by township. A. Meters controlling the services shall be under the control of the Water Department. B. Meters shall be sealed by the Water Department, and no person, except an agent of the Water Department, shall disconnect, remove, break, injure or in any way tamper with such seals Meter tests. The Water Department shall test the accuracy and condition of any meter upon the written request of the owner or occupant and upon the payment in advance of the fee prescribed in If the meter is found to register over three percent (3%) fast, another meter will be substituted therefor and the test fee refunded; and the Water Department may adjust the last water bill upon such basis as it may deem just and reasonable. ARTICLE V Hydrants and Sprinkler Systems Unauthorized use or obstruction of hydrants prohibited. A. It shall be unlawful for any person other than a duly authorized agent or employee of the Water Department or a member of the Fire Department while engaged in the performance of his regular duties, and for uses and purposes of such Department, to open or attempt to open any of the fire hydrants or valves connected with any such waterworks system of the township without such person first obtaining written permission from the proper officers of the Water Department. B. No person shall in any manner obstruct or prevent free access to, or tamper with or injure, or damage by causing or permitting a vehicle to come in contact with, any fire hydrant, or place or store temporarily or otherwise any object, material, snow, debris or structure of any kind within a distance of 10 feet of any fire hydrant. Any such obstruction, when discovered, may be removed at once by the Township at the expense of the person responsible for the obstruction, and such removal shall not be deemed to be in lieu of the penalty provided in Attachment of hose to private outlet; water use restricted. A. Where pipes are provided for fire protection on any premises or where hose connections for fire apparatus are provided on any pipe, each connection or opening on said pipes, except sprinkler heads, shall have not less than 50 feet of fire hose, with standard thread as specified and approved by the Water Department, constantly attached thereto. B. No water shall be taken or used through such pipes, openings or hose for any purpose other than for fighting or extinguishing fires or for testing such fire apparatus after obtaining a special permit from the Water Department to make such a test. Each such test must be conducted under the supervision of Water Department personnel Sprinkler system installation.

15 Application for a connection to the water main for the purpose of installing a sprinkler system shall be made to the Water Department. The fee for the installation of the connection running to the curbline shall be charged as prescribed in hereof. The installation shall be performed in accordance with all Township water regulations and ordinances Legislative declaration. ARTICLE VI Drought and Water Shortages [Amended by Ord. No ; by Ord. No ; by Ord. No ] 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: A. The long-continued droughts occurring from time to time in this area of the state result in a dangerous lowering of the Township s potable water reserves and threaten the preservation of the public health, safety and welfare. B. Past experience has demonstrated that appeals for voluntary aid for water conservation are not and have not been as effective as necessary Duty to prevent waste of water. A. Every owner of buildings and premises connected with the municipal water supply shall: (1) Maintain or cause to be maintained the water service pipes, fixtures and connections in good order and repair in order to ensure that there shall be no waste of water. (2) Forthwith make or cause to be made necessary repairs to prevent the waste of water. B. Every lessee, tenant and occupant of any building or premises connected with the municipal water supply shall: (1) Immediately notify the owner or his agent of any defective water service pipes, fixtures or connections whereby water is being wasted. (2) Immediately notify the Township Water Department or Police Department of any waste occurring by reason of defective water service pipes, fixtures or connections. C. 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 Repairs by Township; shutting off water. 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

16 the water from such premises until such repairs are made by the owner Curtailment of use of water. A. Lawn watering. (1) The watering of lawns and gardens at any premises in the Township of East Hanover shall be permitted only upon an odd-even basis. That is, properties with an odd-numbered street address may water on Mondays, Wednesdays and Fridays; properties with even-numbered street addresses may water on Tuesdays, Thursdays and Saturdays. Watering is not permitted on Sundays, except as set forth in Subsection A(2) hereof. (2) Watering on Sunday. (a) Watering on Sunday may be permitted during a forty-five-day period from the date of the laying of new sod or the beginning of a new lawn, provided that the beginning and ending dates for such period were approved by the Division of Public Utilities in the Department of Public Services. (b) Watering on Sunday may also be permitted if it is the day upon which or the day following the day upon which vegetation has been treated with fertilizer, pesticide or herbicide, and the burden shall be upon the property owner to prove that such treatments were made. (3) When watering lawns or gardens, the amount of water used shall be the minimum necessary to carry out the activity, and evidence of puddling or runoff shall be indicative of the use of more than the said minimum and shall constitute a violation of this section. (4) All watering authorized herein shall be performed in such a way that no impervious surfaces are included in the area watered and the inclusion of such surfaces shall constitute a violation of this section. B. The serving of water in restaurants, clubs or eating places is prohibited unless specifically requested by the patron places is prohibited unless specifically requested by the patron. C. Public showers and commercial establishments with showers must install low-flow showerheads or flow restrictors Authority to proclaim emergency and prescribe regulations. A. In case of an emergency when, by reason of drought or otherwise, the available supply of water becomes dangerously low or the demand exceeds the ability of the water utility to supply the same, the Mayor may, for the protection of the health, safety and general welfare of all citizens and residents of the Township, proclaim the existence of a water emergency and promulgate regulations to: (1) Regulate or prohibit the use of water from the municipal supply for any purpose not necessary to the health, safety and welfare of the public. (2) Allocate and prorate available water supplies.

17 (3) Reduce consumption by users. (4) Prevent waste. B. The Mayor shall have the power pursuant to Subsection A above to implement any or all of the following mandatory water restrictions: (1) Alternate day lawn- and garden-watering may be limited to specific hours on the designated days and the number of days may be further reduced. (2) Automobiles and other motor vehicles may be washed with pail only; hoses may not be used in washing vehicles. (3) Garden watering may be by pail only; no hoses or sprinklers may be used. (4) Swimming pools or decorative pools shall not be filled or refilled during the pendency of water restrictions. (5) Washing of driveways, sidewalks or any paved areas is prohibited. (6) Restaurants shall serve water to customers only upon request of the customer. (7) Such restrictions upon commercial and industrial users as the Mayor shall deem appropriate to reduce water consumption without unduly impinging upon the operation of the business or industry. (8) A complete prohibition on the noncommercial and nonindustrial use of water for any purpose other than drinking, cooking, bathing and sanitation Effect of proclamation and regulations. 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 Curtailment of use of water by municipal departments. Upon the making of said proclamation of emergency, the Township Clerk 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. 1 Editor s Note: Former , Violations and penalties, was redesignated as by

18 Ord. No ARTICLES VII through X (Reserved) through (Reserved) Agreement authorized. Part 22 Sewers ARTICLE XI Mann Avenue Service Agreement 3 [Adopted by Ord. No ] The Mayor and Township Clerk are hereby authorized to execute a certain agreement, a copy of which is on file with the Township Clerk, between the Township of East Hanover and the Florham Park Sewerage Authority, commonly referred to as a service agreement, providing for the treatment of sewage from East Hanover by the Florham Park Sewerage Authority upon certain terms and conditions, all more fully set forth in the aforesaid agreement. 2 Editor s Note: Former Part 2, Emergency Use Restrictions, which included Art. VIII, Conservation Measures, was repealed by Ord. No See now The provisions of Part 2, Sewers, were formerly contained in Ch. 123, but were redesignated by Ord. No Editor s Note: This service agreement is only applicable to the Mann Avenue Sewer Project, and the balance of the Township must comply with Ordinance No (Art. III of this chapter) regarding sewer service connections and service charges, which is applicable to Phases I, II and III of the East Hanover Sewage Project Construction authorized; acquisition of rights-of-way. A. The construction of a sanitary sewage collection line in and along Mann Avenue and surrounding streets, as set forth on a plan prepared by the Township Engineer and as will be more fully detailed in plans and specifications to be prepared by the Township s Sanitary Sewer Consultant, is hereby authorized. B. The Township Committee of the Township of East Hanover does hereby authorize the acquisition of any and all rights-of-way which may be necessary for the completion of the Mann Avenue sewer project, as are more specifically delineated on the Township Engineer s plans and profiles entitled Mann Avenue Sewer Project, either by gift, purchase or condemnation as provided for by Title 20 of the New Jersey statutes. [Added by Ord. No ] Maximum cost. [Amended by Ord. No ] The cost of said authorization for the installation of sanitary sewer collection lines in and along Mann Avenue and surrounding streets shall not exceed the sum of $27,500 and shall be paid from the Capital Improvement Fund of the Township of East Hanover for the years 1975 and House connections required; costs. [Amended by Ord. No ;

19 by Ord. No ] Every residence which shall be located along the sanitary sewage collection line to be constructed by the Township shall connect to the aforesaid line to be constructed by the Township in manner approved by the Township Plumbing Inspector within six months after each property owner is notified that house connections can be made. The cost of installing said house connections shall be borne by the individual property owners. In addition, each property owner shall pay to the Township of East Hanover a one-time connection fee as set out in Chapter 79, Fees and Licenses, for the right to connect Sewerage user charges. The property owners who utilize the system about to be constructed shall pay such sewerage user charges on a quarterly basis as shall be established by the Township Committee from time to time Service charge established. ARTICLE XII Sewer Service Charges; Connections [Adopted by Ord. No ] There is hereby established a sewer service charge for the use, operation, maintenance and construction of a sewer system of the Township of East Hanover which is operated through and under the agreements with the Florham Park Sewerage Authority dated December 18, 1974, and September 29, 1975, to be imposed upon the owners of properties served thereby at the rates hereinafter set forth Quarterly unit charge. [Amended by Ord. No ] The sewer charge hereby imposed shall be a quarterly unit charge as shall be established by the Township Committee from time to time Rate schedule. The rate schedule for sewer service for residences serviced by the Florham Park Sewerage Authority is established as follows. Minimum charge per connection shall be one unit: Type of Service Unit Charges Single-family dwelling 1 Two-family dwelling 2 Three-family dwelling 3 NOTE: Only residential properties are to be serviced in East Hanover by way of the Florham Park Sewerage Authority Payment of service charges. [Amended by Ord. No ; by Ord. No ] Commencing with 1987, the billing period, payment dates, etc., shall be as follows: Billing Payment

20 Period Start End Date 1 1/1 3/31 3/1 2 4/1 6/30 6/1 3 7/1 9/30 9/1 4 10/1 12/31 12/ Delinquent payment. [Amended by Ord. No ; by Ord. No ] A. The property owner shall have a thirty-calendar-day grace period from the date the same became payable in which to remit full payment for the same. In the event that full payment is not made by the 30th calendar day the same became payable, the property shall be charged interest which shall accrue retroactively to the date the same became payable. The rate of interest on delinquent bills shall be the same as that for unpaid taxes upon real estate. B. If a bill remains unpaid after the 30th calendar day following the date upon which the same became payable, it shall be classified as delinquent, and upon five days notice to the property owner, service may be discontinued. If service is discontinued, it shall not be restored until all arrears with interest, costs and penalties are fully paid. The Township shall have the same remedies for the collection of arrears with interest, costs and penalties as it has by law for the collection of taxes upon real estate. Editor s Note: This ordinance also provided that it would take effect Collection of service charges by Water Department. The Township Water Department shall operate and maintain the sewer system and is hereby charged with the duty of collecting all sewer service charges Required connections; fee. [Amended by Ord. No ] The owner of any building with toilet facilities which can be reasonably serviced by the sewer lines being installed by the Township shall be required to connect to the said Township sewer and pay a connection fee as set out in Chapter 79, Fees and Licenses. This provision applies to all buildings, i.e., those presently existing and those to be constructed in the future Definitions. As used in this article, unless a different meaning clearly appears from the context, the following words shall have the following meanings: BUILDING Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or other use or occupancy by persons. CONNECTION DATE When used with respect to a building constructed prior to the date of initial operation, as a part of any sanitary sewage treatment and disposal system in the Township owned or operated by the Township, of a sewer in the public street or right-of-way upon which said building is located, means the 60th day next ensuing after said date of initial operation, and, when used with respect to a building constructed after the date of initial operation, as a part of any sanitary sewage treatment and disposal system owned or operated by the Township, of a sewer in the public street or right-of-way upon which said building is located, means the 60th day after the

21 date of completion of construction or the date of initial occupancy of said building, whichever of said dates shall be earlier in point of time. SEWER Any sewer or main designed or used for collection or disposal of sanitary sewage and located in any public street or right-of-way in the Township Pipe specifications. Every connection required by this article shall be made with soil pipe of cast iron, caulked and leaded, extending from inside the building foundation to a sewer or to a point which is not less than five feet outside of said foundation and connection there from to a sewer with soil pipe of asbestos cement or other approved fiber or synthetic material with slip joints or rubber gaskets. All soil pipes shall be not less than four inches in diameter and every connection required by this article shall be made in a manner to discharge into the sewer all sanitary sewage originating in the building Connections by Township; cost. If the owner of any property in the Township shall fail to make any connection or installation required by this article within the time herein required, the Township may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property pursuant to the. authority of Sections 40:63-54 through 40:63-64 of the Revised Statutes of New Jersey Abandonment of individual septic systems; certification. All owners of buildings which connect to the Township s sanitary sewer system shall abandon their individual septic systems within 60 days of connecting to the Township s sanitary sewer system. Abandonment shall be accomplished by filling in the individual septic systems in accordance with regulations issued by the Township Engineer. Each owner shall obtain a certificate from the Water and Sewer Department that abandonment has been properly completed. The officer charged with the issuance of searches for unconfirmed municipal assessments shall note noncompliance on each search ordered where the required certificate has not been issued by the Water and Sewer Department. ARTICLE XIII Sewer Use [Adopted by Ord No ] Declaration of intent; statutory authority. A. The following article shall be and is hereby declared to be the Sewer Use Ordinance of the Township of East Hanover regarding the use of its local sewerage system and the nature of wastes to be discharged into the local sewerage system. B. This article is adopted in accordance with the requirements of the Federal Water Pollution Control Act Amendments of 1972, PL , and the Clean Water Act of 1977, PL ; more specifically, the requirements contained in Subpart E of 40 CFR , as well as the intermunicipal agreement dated September 14, 1977, executed between the Township of East Hanover and the Township of Parsippany - Troy Hills Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be

22 as follows: BOD (denoting biochemical oxygen demand ) The quantity of oxygen, expressed in milligrams per liter (mg/i), utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20 C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Wastewater; ASTM Standards, Part 23, Water; Atmospheric Analysis (1972); and EPA Methods for Chemical Analysis of Water and Wastes (1971). BULDING DRAIN That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes, excluding sump pumps, inside the walls of the building or structure and which conveys it to the building sewer. BUILDING SEWER That part of horizontal drainage system beginning three feet outside the inner face of the building or structure wall which receives the discharge from the building drain and conveys it to a service lateral of a street sewer. CHLORINE DEMAND The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period at room temperature, as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater. COD (denoting chemical oxygen demand ) The quantity of oxygen required to chemically oxidize material waste by dichromate acid solution expressed in milligrams per liter (mg/i). Measurement shall be as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater. COMPANY Any private corporation formed under the laws of the State of New Jersey or any other state. CONNECTION UNIT Each individual building or structure, whether constructed as a detached unit or as one of a pair or row, which is designated or adaptable to separate ownership or occupancy. ENGINEER The Township s Engineer who is engaged at the time to serve the Township for the design, inspection, construction and operation of the local sewerage system. GARBAGE Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce. GENERATOR The person who causes septage to be generated. [Added by Ord. No ] GOVERNMENT The United States of America or any department of agency thereof. HAULER A hauler approved by the Solid Waste Administration, New Jersey Department of Environmental Protection. [Added by Ord. No ] HEALTH DEPARTMENT The Health Department of the Township of East Hanover.