Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Mansfield 7-27-1942. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 27A.
Recycling — See Ch. 39B.
Retail food handling establishments — See Ch. 40.
Slaughterhouses — See Ch. 45.

§ 43-1 Definitions.

The provisions of this chapter shall constitute and be known as the "Sanitary Code of the Township of Mansfield," hereinafter referred to as "the Township." The word "person," when used in this Sanitary Code, shall mean any person or persons, firm, corporation or association affected hereby.

§ 43-2 Nuisances prohibited.

No person shall maintain or permit to be maintained anything whatsoever which is a hazard or a danger to human health. The acts, things and conditions herein prohibited, and any act, thing or condition which is a hazard or danger to public health, are hereby declared to be nuisances. The Board of Health shall examine into any nuisance, offensive matter, foul or noxious odors and all causes of disease which may be known to the Board or which may be brought to its attention which, in its opinion, are injurious to public health, and shall cause the same to be removed and abated at the expense of the owner of the property involved.

§ 43-3 Individual subsurface sewage disposal systems.

[Added 8-9-1990 by Ord. No. 1990-2BH]
A. 
Adoption by reference. Pursuant to the authority contained in N.J.S.A. 26:3-69.1 through 26:3-69.6, the Board of Health of this Township does hereby adopt the new rules and standards governing individual subsurface sewage disposal systems set forth in N.J.A.C. 7:9A-1.1 et seq., as an ordinance operative within the Township of Mansfield regulating construction and use of individual subsurface sewage disposal systems within this Township. A copy of the code is hereby incorporated by reference and made a part of this chapter without full inclusion of the text thereof herein.
B. 
Title. The code established and adopted by this section is described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems" (N.J.A.C. 7:9A-1.1 et seq.) and is adopted in full.
C. 
Public record. Three copies of the Standards for Individual Subsurface Sewage Disposal Systems have been placed on file in the office of the Municipal Clerk upon introduction of the ordinance amending this section and will remain on file there for use and examination by the public, including any future amendments or supplements thereto.
D. 
Penalties. Any person who violates or neglects to comply with the provisions of this chapter or the code established by and incorporated in this section, where notice is issued pursuant thereto, shall, upon conviction thereof, be subject to the penalties provided by § 43-27 herein.

§ 43-4 Wells; sewage disposal systems; permit; fee.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
A. 
No person shall construct, reconstruct or extend or cause to be constructed, reconstructed or extended in this Township any well for water supply or any individual subsurface sewage disposal system or other receptacle for human excrement or for waste liquids, including but not necessarily limited to portable toilets, without obtaining from the Board of Health or other appropriate agency a written permit.
B. 
The fee for each permit shall be $5, and separate permits shall be obtained for the well and for the sewage disposal system on a property.
C. 
Before any permit required by this section shall be issued, a sketch shall be filed with the Board of Health or other appropriate agency showing the location and size of the lot and the proposed location of the well and/or sewage disposal system thereon. Such sketch shall be accompanied by a description of the proposed type and construction of said well and/or sewage disposal system and a brief description of the building to be served.

§ 43-5 Pollution of water supply.

No person shall maintain or use any well or other supply of water used for drinking or household purposes which is polluted in any manner that may render such water injurious to health or which is so situated or constructed that it may become so polluted. No permit for the construction, reconstruction or extension of a water supply well shall be issued unless the well is to be so located and constructed as to make pollution thereof unlikely.

§ 43-6 (Reserved) [1]

[1]
Editor's Note: Former § 43-6, Proximity of wells to disposal systems, was repealed 1-11-1952. See Ch. 14, Construction Codes, Uniform, for current provisions.

§ 43-7 Conditions for refusal to issue permit.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No permit shall be issued for the construction, reconstruction or extension of an individual subsurface sewage disposal system or part thereof, including but not limited to portable toilets, if the same is to be located within 100 feet of any water supply well, and no permit shall be issued for the construction, reconstruction or extension of any water supply well to be located within 100 feet of an individual subsurface sewage disposal system or part thereof; provided, however, that any such sewage disposal system thus permitted shall be watertight and shall be so constructed and located as to be unlikely to cause pollution to such well. The distances referred to herein may be reduced by the Board of Health under certain conditions enumerated in N.J.A.C. 7:9A-4.3 and 7:10-12.13.

§ 43-8 Construction and maintenance of wells.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
The construction, reconstruction or extension of private wells must conform to the provisions of the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., and the current standards for individual water supply systems set out in the state's administrative regulations, N.J.A.C. 7:10-12.1 et seq., and the recommendations for Testing of Non-Public Water Systems developed by the Burlington County Board of Health which are incorporated by reference herein.

§ 43-9 Well type.

Any water supply well constructed subsequent to the adoption of this code and located on a lot of less than 20,000 square feet in area shall be of the type known as "driven" or "drilled" and shall be located near the street end of the lot, and the sewage disposal system on such lot shall be located near the rear end thereof unless some unusual circumstance makes some other arrangement necessary.

§ 43-10 Discontinuing use of polluted water.

Whenever the Board of Health of this Township shall have satisfactory evidence that any well, the water of which is used for drinking or for domestic purposes or in the process of cleansing utensils used in handling food or drink intended for public consumption, has become polluted and rendered unsafe for potable use, notice to discontinue the use of said polluted water for such purposes shall be sent to the owner or party in charge of said well, and the owner or party in charge of said well shall close, fill up or withdraw from the ground said well.

§ 43-11 Privies and privy vaults prohibited.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No person shall maintain, use or permit to be used any privy, privy vault or other receptacle for human excrement except a properly constructed and duly licensed portable toilet anywhere and at anytime within this Township.

§ 43-12 Inadequate sewage disposal systems.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No permit shall be issued for the construction, reconstruction or extension of any sewage disposal system which does not fully and completely comply with the Standards for Individual Subsurface Sewage Disposal Systems referred to in § 43-3 of this chapter.

§ 43-13 (Reserved) [1]

[1]
Editor's Note: Former § 43-13, Cesspools, septic tanks and other receptacles; construction, was repealed 8-9-1990 by Ord. No. 1990-2BH.

§ 43-14 Portable toilets; additional requirements.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
Every portable toilet hereafter licensed for use in this Township, in addition to any other requirements and regulations for their use, shall conform to the following requirements:
A. 
The structure itself shall be substantially constructed and kept in good repair.
B. 
The receptacle for excremental matter shall be constructed according to the standards within the industry and shall be fully consistent with all regulations and laws pertaining to the same.
C. 
It shall be the responsibility of the contractor providing the portable toilet and the person utilizing the same to ensure that the container for excremental matter is emptied on a continuous and regular basis to prevent overfilling, and said container or receptacle must be constructed and maintained in such a manner that flies cannot gain access to the excremental matter contained therein.
D. 
All portable toilets shall be equipped with tightly fitting doors, hinged to the main part of the structure, to permit not only privacy while in use but to limit odors and access of flies.

§ 43-15 Use of sewers required.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No individual subsurface sewage disposal system or other receptacle for excremental matter shall hereafter be constructed or maintained on any property that is located within 100 feet of an approved sanitary sewer line.

§ 43-16 Disposal of human excrement above ground prohibited.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No person shall deposit or otherwise dispose of any human excrement or material containing human excrement above ground anywhere within this Township; provided, however, that this section shall not apply to effluents from approved and properly licensed sewage disposal plants.

§ 43-17 Discharge or accumulation of other wastes; restrictions.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
No house or kitchen slops, sink drainage, laundry waste or other foul waste liquids shall be discharged or deposited in or upon the surface of the ground in this Township or otherwise disposed of or permitted to accumulate in any manner that will create a nuisance dangerous to the public health; nor shall any such waste material be discharged or disposed of in any place or manner that will pollute the water in any well, stream, pond or lake, the water of which is used for drinking or household purposes; provided, however, that this section shall not apply to effluents from approved and duly licensed sewage disposal plants or liquid waste from farm animals which is used for fertilizer.

§ 43-18 Accumulation of wastes: insect larvae.

No owner, tenant or other person in charge of any property in this Township shall maintain or permit to be maintained on said property any accumulation of offal or house or kitchen slops, sink drainage, laundry waste or other putrescible liquids in which fly larvae or mosquito larvae exist.

§ 43-19 Deposit of garbage or other wastes.

No person shall deposit any garbage, rubbish or other decomposing animal or vegetable matter in or upon any street or highway in this Township, nor on any public or private property within 250 feet of any inhabited building owned or occupied by another.

§ 43-20 Garbage receptacles.

All garbage which shall accumulate on any premises used as a hotel, cafe, barroom, boardinghouse, restaurant or other food-vending establishment in this Township shall be stored in watertight, tightly covered receptacles; and all garbage which shall accumulate on any other premises that is located within 250 feet of any inhabited building owned or occupied by another shall be stored in watertight, tightly covered receptacles or otherwise disposed of in a manner that will not create a nuisance or violate any of the provisions of this code.

§ 43-21 Transportation of wastes; licensing.

No person shall collect, transport or carry or cause to be transported or carried through any street or public highway in this Township any garbage, offal or any decomposing solid or fluid substance whatsoever, except in conformity with the requirements of a license therefor, first received from the Board of Health of said Township or a duly authorized agent of said Board; provided that this section shall not apply to the collection or transportation of stable manure and shall not apply to the collection of garbage by the Township or the person with whom it contracts for such collection. Such license shall be renewable one year from the date of issue, except that it may be revoked at any time by the said Board whenever in its judgment the licensee has violated any provision of this code or disposes of the material collected in such a place or manner that a nuisance is created.

§ 43-22 Milk.

No person shall sell or have in his possession for sale any milk containing any unhealthy ingredient, constituent or substance, or which has been transported or stored in an unclean manner or place, or which is produced from cows which are diseased or which are kept in an uncleanly condition.

§ 43-23 Unwholesome food and drink.

The sale of any meat or vegetable, food or drink that is unwholesome or unfit for food is hereby prohibited.

§ 43-24 Determination of disease: medical examination.

Whenever it shall be deemed necessary by this Board to establish the true character of any disease which it may believe to be communicable, a medical examination of the person or persons affected by such disease may be ordered, and such examination shall be permitted by such persons and their attendants.

§ 43-25 Quarantine and disinfection.

In case infectious or contagious or communicable disease occurs in the Township, the persons affected thereby shall, at the discretion of this Board, be isolated or they may be removed to such locality as this Board may order and direct; and all buildings, clothing, property and premises and vehicles which may become infected by the presence of persons affected by contagious, infectious or communicable disease shall be disinfected at the expense of the tenant, occupant or owner thereof, and said disinfection or fumigation shall be made and performed in such manner and with such materials and within such stated time and under such supervision as this Board may direct. This Board may establish such separation and isolation or quarantine of the sick from other persons not necessary as attendants, and also may provide and effect such special care, disinfection and cleansing of property and premises, as shall, in the judgment of the Board, be needed in order to prevent the spreading of such disease to other persons.

§ 43-26 Quarantine or isolation notice.

Whenever quarantine or isolation and separation of person or property is ordered by this Board or its authorized agent, notice of said order shall be given to the persons affected thereby. Said notice shall be in writing, and it may be served personally, left with some person at the infected house, or it may be posted upon the building or premises occupied by the infected persons or property. The requirements of said isolation or quarantine notices shall be obeyed by all persons, and no such notice, nor any sign indicating the presence of communicable disease upon any premises, shall be removed except by consent of this Board or its authorized agent.

§ 43-26.1 Appeals; fees and escrow.

[Added 4-11-1991 by Ord. No. 1991-1BH]
Under certain conditions particularly set forth in the regulations referred to herein and incorporated by reference in this chapter, an aggrieved applicant may apply to the governing body for a waiver of the requirements established by said regulations. All applicants seeking such waivers shall file the request for the same, in writing, with the Township Clerk and deposit a fee of $25 to cover administration costs and an additional $150 which will be held in escrow and used to cover professional fees in connection with review and report by said professionals. Any amount held in escrow not used for said professional fees shall be refunded to the applicant.

§ 43-27 Violations and penalties.

[Amended 5-5-1988 by Ord. No. 1988-11]
Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $500 or to a period of community service not exceeding 90 days, or both.

§ 43-28 Repealer.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
All ordinances and resolutions and parts of ordinances and resolutions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, it being the legislative intent of the Board of Health that all other ordinances or resolutions or parts of ordinances or resolutions now existing shall remain in full force and effect unless the same be in conflict or inconsistent with any of the provisions of this chapter.

§ 43-29 When effective.

[Amended 8-9-1990 by Ord. No. 1990-2BH]
This chapter and any amendments hereto shall take effect upon final passage and publication according to law.