[HISTORY: Adopted by the Township Committee of the Township of Independence 7-13-1993
by Ord. No. 93-9[1] (Ch. 130 of the 1984 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 130, Sewage Disposal
Systems, individual, adopted 6-14-1988 by Ord. No. 88-3.
A code regulating the location, construction use and maintenance of
individual sewage disposal systems and the issuance of permits to locate or
construct said systems and fixing penalties for the violation thereof is hereby
adopted pursuant to N.J.A.C. 7:9A. A copy of said standards is annexed hereto
and made a part hereof without inclusion of the text thereof herein.
The following words or terms shall have the following meanings as used
herein:
The person, firm, corporation or other entity having the soil evaluation
and testing results performed on land either owned by him or having a beneficial
interest therein. For the purpose of coordination, the term applicant shall
also mean the agent authorized to act for and on behalf of the applicant.
The Warren County Department of Health is hereby appointed by the
administrative authority to act as the agent to administer this chapter.
Said code established and adopted by this chapter is described and commonly
known as the "Standards for Individual Subsurface Sewage Disposal Systems,"
N.J.A.C. 7:9A.
Three copies of said standards for construction have been placed on
file in the office of the Secretary of the Board of Health upon the introduction
of this chapter and will remain on file in said office for use and examination
by the public.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for the location, construction or alteration
of said sewage disposal system shall have been issued by the Warren County
Department of Health.
B.
The Warren County Department of Health is hereby designated
as the agent of the Independence Township Board of Health to issue all certifications
and to set and collect county fees.
A.
The following regulations shall be deemed the approved
and required procedure for and method of conducting of soil evaluation and
testing results which shall be required for individual sewage disposal systems
related to new construction wherein subdivision or site plan approval is required
by either the Planning Board or Board of Adjustment:[1]
(1)
The applicant shall schedule a date with the authorized
agent designated to witness soil evaluation and testing results at least two
weeks prior to the taking of any such test. Requests made less than two weeks
prior to testing may be considered by the authorized agent on a case-by-case
basis.
B.
The results of the soil evaluation and testing results
witnessed by the authorized agent hereunder, as so certified by him, shall
be submitted to the Independence Township Board of Health, the Warren County
Department of Health and, if connected with a subdivision or site plan, to
the Independence Township Planning Board.[2]
The Standards for the Construction of Individual Subsurface Sewage Disposal
Systems, N.J.A.C. 7:9-2.1 et seq., are amended as follows:
A.
N.J.A.C. 7:9A-2.1, Definitions. The definitions shall
be amended as follows:
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"'Reserve area' means an area on the same parcel of land as that proposed
for the installation of a subsurface sewage disposal system having an area
equivalent to 100% of the proposed designed disposal area."
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B.
N.J.A.C. 7:9A-43, Distances. Add the following to this
section: "A disposal area shall be located at least 100 feet from any sinkhole
known to exist on the premises. If a sinkhole is encountered in the excavation
for or construction of a disposal area, all work shall be immediately stopped
and the design engineer and the administrative authority notified."
C.
N.J.A.C 7:9A-4.8, Area reserved for sewage disposal.
(1)
Change the first sentence of this section to read as
follows: "The primary and reserve areas to be used for sewage disposal shall
be selected and maintained so that they are free from encroachments by driveways,
accessory buildings, additions to the main building, patios, decks and trees
or shrubbery whose roots may cause clogging of any part of the system."
(2)
Add the following: "A reserve area shall be established
on the property for future expansion or replacement of the proposed system.
The area shall meet all the requirements of the initial system and shall be
shown on the plans which accompany the application and shall be marked 'Reserved.'
No permanent improvements shall be installed within or adjacent to this reserved
area which will adversely affect its use as a disposal area."
