Township of East Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of East Amwell 10-17-1995 by Ord. No. 95-01BH; amended in its entirety 11-19-2003 by Ord. No. 03-02BH. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 149, Art. I.
Holding tanks — See Ch. 159.

§ 171-1 Purpose and authority.

Pursuant to N.J.S.A. 26:3-31a and 58:11-23 et seq., the East Amwell Township Board of Health must act to protect the water resources of the Township.

§ 171-2 Adoption of standards by reference.

The “Standards for Individual Subsurface Sewage Disposal Systems” (N.J.A.C. 7:9A) as promulgated on August 21, 1989, by the Division of Water Resources, New Jersey Department of Environmental Protection, and all subsequent amendments thereto, is herewith adopted by reference with the additions and exceptions enumerated below in § 171-3A through AA.

§ 171-3 Additions and exceptions.

The following additions shall be added to the corresponding parts of the adopted N.J.A.C. 7:9A and the following exceptions shall supersede the corresponding parts of the adopted N.J.A.C. 7:9A:
A. 
Add to 7:9A-3.2: “All designs shall be based upon currently valid State of New Jersey Subsurface Sewage Disposal System Standards (N.J.A.C. 7:9A et seq.) and East Amwell Township standards and testing procedures.”
B. 
Add to 7:9A-3.5(d): “A signed and sealed certification by the licensed professional engineer responsible for the design and location of the proposed sewage system certifying full compliance with all requirements of all applicable standards, codes, ordinances and other regulations in force at the date of the application shall be furnished with the application.”
C. 
Add to 7:9A-3.5(e) concerning sequencing of permits and expiration of permits: “Every applicant for a permit issued for the construction of an individual subsurface sewage disposal system shall submit three copies of the application for a permit to the Board of Health, accompanied by a check for the Township fee of $50 and a separate check for the county fee. Upon receipt, the Board of Health will forward the application to the county for review. When approval is received from the county, the permit to construct will be issued by the Board of Health. When construction is complete, the licensed professional engineer who designed the new system or the alteration of an existing system shall execute the appropriate form certifying that the system has been constructed and installed or altered in compliance with the state standards, any applicable higher standards of this chapter and the engineering design approved by the Board of Health or its agent. The form shall be accompanied by sealed as-builts with the location of the individual subsurface sewage disposal system and the individual water supply system documented and shall be filed with the Board of Health. Under no circumstances will a certificate of occupancy (CO) be issued for construction without the appropriate form certifying that the system has been constructed, installed and operating in compliance with the state standards or any applicable higher standards of this chapter and in compliance with the engineering design approved by the Board of Health or its agent, with the accompanying sealed as-builts.”
D. 
The text of 7:9A-3.6(b) shall be superseded by: “The administrative authority reserves the right to assign test dates after proper notification. Failure of the administrative authority or its agent to be present after proper notification at the assigned test date shall be construed to be a waiver of the witnessing requirements. Failure of the applicant or its authorized agent to be present at the assigned test date shall be construed to be an abandonment of such test date and shall require a new proper notification of the administrative authority.”
E. 
Add to 7:9A-3.5(f): “In the event that a realty improvement is to be served by both a new individual subsurface sewage disposal system and a new individual water supply system, then a permit for the construction of the individual subsurface sewage disposal system shall not be issued by the Board of Health until the individual water supply system has been installed and certified according to Chapter 176, Water Supply, of the Code of the Township of East Amwell, and its amendments.”
F. 
Add to 7:9A-3.5(g): “Every permit issued for the construction of an individual subsurface sewage disposal system after the adoption of this chapter shall expire three years after the date of issuance unless construction of the realty improvement with respect to which the permit was issued has commenced prior to such time. The administrative authority may, in its discretion, renew for two years a permit which will expire under the provisions of this section. Such renewals shall be obtained through application to the Board of Health using the East Amwell Township Board of Health construction permit form.”[1]
[1]
Editor’s Note: The Construction Permit Form is on file in the office of the Board of Health.
G. 
Add to 7:9-3.5(h): “A permit to construct an individual subsurface sewage disposal system is required prior to issuance of a building permit. The individual subsurface sewage disposal system is to be constructed and operating prior to issuance of a temporary or permanent certificate of occupancy.”
H. 
Add to 7:9A-4.2(c) concerning location of a reserve expansion/replacement area:
“An area equivalent to 100% of the approved disposal areas shall be reserved for future expansion or replacement of the disposal system for all lots with soil logs to be used for a system design which show soils with soil suitability classifications of IISc; IISr; IIISr; IIIHr; IIHc; IIWr, IIIWr; IIIWp, as defined in 7:9A Appendix D. The site shall comply with Subchapter 4 of N.J.A.C. 7:9A and all requirements of this code. The soil shall be suitable for an individual subsurface sewage disposal system in compliance with Subchapters 5 and 6 of N.J.A.C. 7:9A. The reserve expansion/replacement disposal area shall be shown on the plan of the disposal system and shall be marked area reserved for expansion/replacement of disposal system. No permanent structures shall be located in a manner which would prevent the construction of a disposal system within the reserve area. The provisions of this section may be waived only where it is determined in the estimation of the Board of Health that a reserve area is not practicable or necessary.”
I. 
Where fractured rock substrata are encountered as in 7:9A-4.3, minimum required separation distances between various system components may be increased. The minimum required separation distances shown in Table 4.3 shall be superceded by the following distances:
“(a)
No part of a disposal field shall be closer than 25 feet to the property line. The Board of Health may reduce the distance from the property line to not less than 10 feet in the event that the Board determines that the size and shape of a specific property justifies a reduction. This section shall not be interpreted as permitting any part of a disposal field to be closer than 50 feet to any part of another disposal field.
(b)
The distance of a septic tank and distribution box from a well, reservoir, suction line or watercourse shall be a minimum of 100 feet. The distance of a disposal field from a well, reservoir, suction line or watercourse shall be a minimum of 200 feet in the Sourland Mountain and Stony Brook Districts.[2] In other districts in East Amwell Township, the one-hundred-foot separation distance can be increased by the administrative authority or its representative due to site specific conditions which may require greater separation to prevent potential contamination such as when the location of a well is downgradient of a septic system. These distances may be decreased by prior approval of the administrative authority if conditions do not permit, such as the location of an existing well or on small sized lots in the Village of Ringoes.”
[2]
Editor’s Note: The Stony Brook District was repealed 12-11-2003 by Ord. No. 03-20.
J. 
Add to 7:9A-4.3:
“7:9A-4.3(a): The distance of the disposal field of a mounded system from a property line, any part of another disposal field or other physical objects shall be measured from the intersection of the maximum permissible slope with existing grade.
7:9A-4.3(b): No part of a disposal field shall be closer than 100 feet to a subdivision detention/retention or infiltration basin, as measured from the top of the bank. For new construction with individual groundwater recharge structures located on the lot, all recharge structures must be located in a manner that will protect the water quality of the on-site well and not induce movement of septic effluent towards the well. No part of a disposal field shall be closer than 50 feet from any on-site groundwater recharge structure (e.g., dry well or other infiltration best management practice, as defined by NJDEP).”
K. 
Add to 7:9A-4.4:
“7:9A-4.4(d): Before a disposal field can be designed for location on a slope of more than 15%, the Board of Health must be consulted.”
L. 
Add to 7:9A-4.6:
“7:9A-4.6(f): No part of a disposal field shall be located closer than 50 feet to a flood hazard area. The provision of this section may be waived only where it is determined in the estimation of the Board of Health that this is not practicable.”
M. 
Add to N.J.A.C. 7:9A-4.7:
“7:9A-4.7(e): No part of a disposal field shall be located in the standard transition area adjacent to a freshwater wetlands of exceptional value (150 feet) or a freshwater wetlands of intermediate resource value (50 feet) as defined in the New Jersey Freshwater Wetlands Act Rules N.J.A.C. 7:7A.”
N. 
Add to 7:9A-5.1(c) concerning marking the locations of soil tests:
“Every soil test location shall be marked immediately following the conclusion of each particular soil test as follows:
1.
Locations of profile pits shall be marked with plastic fence posts or equivalent markers at the deepest point of excavation.
2.
Locations of all other tests, complete or incomplete, shall be marked with wooden laths, plastic fence posts or the equivalent markers.
Identification of the test markers shall be provided by suitable permanent lettering. The location of the markers shall be established as soon as practical by means of generally accepted methods of land survey.”
O. 
The text of 7:9A-5.2(b) shall be superseded by: “When basin flood tests are required for the identification of limiting zones, a minimum of three profile pits is required for each primary disposal field and each reserve disposal area. When the pit bailing test is used for identification of limiting zones, a minimum of four profile pits is required for each primary disposal field and each reserve disposal area. Any soil disturbance shall be stabilized according to best management practices to prevent erosion, uncontrolled runoff and sedimentation.”
P. 
Add to 7:9A-5.2:
“7:9A-5.2(i): The location and results of all passing, unsatisfactory and abandoned tests taken shall be indicated and triangulated on the plats as well as the Township witness notes.”
Q. 
Add to the criteria of 7:9A-5.8 for recognition of zones of saturation:
“7:9A-5.8(b)4: Where observations of the soil profile pit are to be used to determine the seasonally high-water table outside of the January through April season, the supervising licensed professional engineer must perform the observation in person.”
R. 
Add to the general provisions of N.J.A.C. 7:9A-6.1(b): “Permeability tests of the horizon(s) constituting the proposed zone of disposal shall be required as a basis for every design of a subsurface disposal system.”
S. 
The sentences in 7:9A-8.2(b)1 and 7:9A-8.2(b)2 “In no case shall the capacity be less than 1,000 gallons” shall be superseded by: “In no case shall the minimum requirement be less than two septic tanks of 1,000 gallons' capacity each, installed in series, or, as an alternative, one multiple compartment septic tank of at least 1,500 gallons' capacity that complies with the requirements of N.J.A.C. 7:9A-8.2(d).”
T. 
(Reserved)
U. 
Add to the criteria for connecting pipes after the first sentence of 7:9A-9.3(e)ii: “Clean-outs shall be installed every 75 feet of connecting pipe.”
V. 
Add to the criteria for distribution boxes after the last sentence of 7:9A-9.5, before the listing of requirements: “The distribution box location must be marked in the field with a permanent marker at grade.”
W. 
Add to 7:9A-10.1(b) after “as prescribed in (e) below”: “A vertical pipe shall be installed in all disposal fields as an observation port from the deepest part of the disposal field excavation to finished grade. This solid pipe, Schedule 40 or equivalent, shall be grounded in a pocket of coarse gravel, and it shall be equipped with a lockable cap at the upper end. The administrative authority reserves the right to inspect this port at any time.”
X. 
Add to the disposal field sizing requirements after the last sentence of 7:9A-10.2(b)1 and 7:9A-10.2(c)1, respectively: “For soil replacement installations, the minimum area shall be based on the permeability value of fill material according to 7:9A-10.1(f)4. A permeability value of two to six inches/hour shall be assumed.”
Y. 
7:9A10.2(d) shall be superseded by: “All disposal beds using pressure dosing shall be subject to Table 10.2(b) and (c).”
Add to 7:9A-10.2:
“7:9A-10.2(e): No person shall install a garbage disposal unit in a new or existing dwelling served by an individual subsurface sewage disposal system without the specific approval of the Board of Health.
7:9A-10.2(f): No person shall dispose of any swimming pool backwash water or other swimming pool water in an individual subsurface sewage disposal system. Backwash water shall be diverted away from the disposal area.”
Z. 
Add to N.J.A.C. 7:9A-10.3(b):
“7:9A-10.3(b)4: Whenever an approved lot grading plan is required by the Township of East Amwell prior to the approval for subdivision or issuance of a construction permit, the Board of Health may require that a copy of the lot grading plan be submitted to the Board of Health for their review and comment before Township approval is given.”
AA. 
The text of 10.5(e)5 shall be superseded by: “An unsupported slope for a mounded system is not to exceed a slope of 1:5, unless deemed impractical by the Board of Health.”

§ 171-4 Fees and charges.

A. 
The fee for the filing of an application and plans to locate and construct an individual sewage disposal system, plan review, site inspection, issuance of permit and installation inspections shall be assessed as per the fee schedule determined by the Hunterdon County Department of Health, plus the fee of $50 as determined by the East Amwell Township Board of Health.
B. 
The fee for the filing of an application and plans for a permit to alter an existing individual sewage disposal system and issue said permit shall be assessed as per the fee schedule determined by the Hunterdon County Department of Health, plus the fee of $25 as determined by the East Amwell Township Board of Health.
C. 
The fee for the filing of an application for repair shall be assessed as per the fee schedule determined by the Hunterdon County Department of Health, plus the fee of $10 as determined by the East Amwell Township Board of Health.
D. 
The fee for an application renewal shall be assessed as per the fee schedule determined by the Hunterdon County Department of Health, plus the fee of $80 as determined by the East Amwell Township Board of Health.