[HISTORY: Adopted by the Board of Health of the Township of Mansfield
7-27-1942. Amendments noted where applicable.]
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.
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.
[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.
[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.
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.
[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.
[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.
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.
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.
[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.
[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.
[1]
Editor's Note: Former § 43-13, Cesspools, septic tanks and
other receptacles; construction, was repealed 8-9-1990 by Ord. No. 1990-2BH.
[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.
[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.
[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.
[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.
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.
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.
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.
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.
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.
The sale of any meat or vegetable, food or drink that is unwholesome
or unfit for food is hereby prohibited.
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.
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.
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.
[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.
[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.
[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.
[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.
