Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Chester 10-18-1990 by Ord. No. BH-2-90. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and water — See Ch. 192.

§ 256-1 Title, purpose and intent.

A. 
This chapter shall be known as the "Individual Subsurface Sewage Disposal System Code of the Borough of Chester."
B. 
The provisions of this code are intended to effectuate the administration by the Board of Health of the Borough of Chester (the Board of Health) of the rules, regulations and requirements of the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following (the state standards) and to prescribe certain higher standards with respect to such systems in the Borough of Chester. No provision of this code shall be interpreted or applied so as to diminish or lessen the minimum requirements of the state standards.

§ 256-2 Certain applications to be acted on at Board of Health meetings.

A. 
Each of the following applications shall be considered and acted upon by the Board of Health at meetings of the Board:
(1) 
An application for a permit to construct an individual subsurface sewage disposal system;
(2) 
An application for a permit to alter an individual subsurface sewage disposal system;
(3) 
An application to modify the design or location of an individual subsurface sewage disposal system previously approved by the Board of Health; and
(4) 
An application for the approval of preliminary plans to use an individual subsurface sewage disposal system or systems to serve a lot or lots proposed to be created by subdivision approval or proposed to be developed in accordance with site plan approval.
B. 
An application for a permit to repair an individual subsurface sewage disposal system by fixing, refurbishing or replacing one or more components in a manner that will restore and preserve the system without changing the original location, design, construction, size, capacity, type or number of the components of the system shall be reviewed and acted upon by the Borough Sanitarian First Grade.

§ 256-3 Application requirements.

A. 
An application for a permit to construct or alter an individual subsurface sewage disposal system shall be submitted on the application form provided by the Board of Health. The application form shall be fully and accurately completed and shall be accompanied by soil log data, soil test data, design data and calculations, and plans for the new or altered system. The application and all accompanying documents shall be signed and sealed by a licensed professional engineer.
B. 
All plans submitted to the Board of Health in connection with a proposed individual subsurface sewage disposal system or the alteration of an existing system shall be at a scale not smaller than one inch equals 50 feet, shall show contours at one-foot or two-foot intervals, and shall meet all of the requirements of N.J.A.C. 7:9A-3.5. A key map showing the location of the lot or lands in relation to other lands shall be included in an upper corner of the plan.
C. 
All soil log data, soil test results, design data and calculations and the particular construction specifications shall be placed upon the plans.
D. 
Any waste transmission line passing under a driveway or other area to be used by motor vehicles shall be provided with a suitable sleeve.

§ 256-4 Distance of disposal field from property line; distance from ponds, basins and flood hazard areas; protection of wetlands.

A. 
No part of a disposal field shall be closer than 25 feet to the property line of an adjacent lot, provided that the Board of Health may reduce the distance from the property line of an adjacent lot 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 a disposal field on an adjacent lot.
B. 
No part of a disposal field shall be closer than 50 feet to a natural pond or to a detention/retention basin, as measured from the top of the bank.
C. 
No part of a disposal field shall be closer than 50 feet to an area of special flood hazard as established by the provisions of the Flood Hazard Area Regulations of the Borough of Chester.
D. 
No part of a disposal field shall be closer than 50 feet to the boundary of a freshwater wetlands and no part of a disposal field shall be located within a wetland transition area as the wetlands or transition area may be established by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection, and all applicable provisions of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 and following, and the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-1.1 and following shall be complied with.
E. 
The fifty-foot distances required by the preceding three subsections of this section shall be measured without regard to lot lines.

§ 256-5 Prohibited activities.

A. 
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.
B. 
No person shall dispose of any swimming pool backwash water or other swimming pool water in an individual subsurface sewage disposal system.
C. 
No person shall grade or regrade any property in a manner that will cause surface waters to flow upon the area in which the disposal field of an individual subsurface sewage disposal system is located.
D. 
No person shall plant on top of the disposal field of an individual subsurface sewage disposal system trees or other vegetation having a root system that is capable of physically disrupting the disposal field.

§ 256-6 Expiration and renewal of permits.

A. 
Every permit issued for the construction of an individual subsurface sewage disposal system shall expire one year after the date of issuance unless prior to such time construction of the realty improvement with respect to which the permit was issued shall have been commenced.
B. 
The Board of Health may in its discretion renew a permit which has expired under the provisions of this section. Any renewal shall be subject to the provisions of this section. A fee of $5 shall be charged for the renewal of a permit.

§ 256-7 Issuance of certificate of compliance.

Prior to the issuance of a certificate of compliance as to an individual subsurface sewage disposal system, the licensed professional engineer who designed the new system, or the alteration of an existing system, and the Borough Sanitarian First Grade who inspected the system shall both 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 code and the engineering design approved by the Board of Health.

§ 256-8 Improvements requiring both new individual subsurface sewage disposal system and water supply system.

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 tests establish that the system meets the requirements of § 262-9C of Chapter 262, Individual Water Supply System Code of the Borough of Chester, as to yield (based upon tests performed by the well driller) and as to quality (based upon water sample tests performed by the Board of Health).

§ 256-9 Approval of preliminary plans to serve subdivision or site plan realty improvements with sewage disposal systems.

A. 
In order to satisfy the requirements of state law and the provisions of the Land Use Ordinance of the Borough of Chester, the Board of Health shall review and approve the preliminary plans for the use of any individual subsurface sewage disposal system to serve any lot in any proposed subdivision or any lot shown upon any site plan application, which review and approval shall be completed prior to the grant of subdivision or site plan approval by any other Borough body.
B. 
Board of Health review for subdivision or site plan application purposes shall be based upon reports of soil suitability and tests for soil permeability. A minimum of one acceptable soil log and one acceptable soil permeability test shall be made on each proposed lot at a location suitable for a disposal field in view of anticipated development of the lot. A drawing meeting the requirements of § 256-3 shall be submitted showing each lot, the proposed realty improvement for each lot and the size, layout and design of an individual subsurface sewage disposal system proposed to serve the proposed realty improvement. A proposed system shall meet the requirements of § 256-4. The drawing shall also show any of the following which are located within 100 feet of the proposed lot: existing streams, ditches and other watercourses, individual subsurface sewage disposal systems and individual water supply systems.
C. 
For subdivision review and approval purposes, the preliminary plan for an individual subsurface sewage disposal system to serve a proposed single-family residential lot shall be based upon a dwelling with no less than four bedrooms.
D. 
Prior to the performance of work at any site for purposes of obtaining soil logs or for purposes of soil suitability testing and prior to the scheduling of any observation of tests by the Borough Sanitarian First Grade, a plan shall be submitted to the Board of Health showing the entire tract subject of the subdivision or site plan application and showing the locations of any of the following which may be present on the tract: any freshwater wetlands and wetland transition areas as established by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection; state open waters; streams; ditches; and other watercourses. The plan shall also show the proposed locations for all soil logs and soil suitability tests, as well as proposed vehicular access to such locations. No activity shall be undertaken in violation of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 and following, or the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-1.1 and following.
E. 
In the event that the Board of Health shall approve the preliminary plans for the use of an individual subsurface sewage disposal system for a proposed subdivision lot or site plan, the Board shall adopt a resolution of approval and shall forward certified copies of the resolution to the Borough Board acting on the subdivision or site plan application, to the applicant and to the applicant's engineer.
F. 
Review and approval by the Board of Health of the preliminary plans for the use of an individual subsurface sewage disposal system to serve a proposed subdivision lot or site plan shall not limit subsequent action of the Board in connection with a formal application for a permit to construct such a system after subdivision or site plan approval has been granted.

§ 256-10 Construction of sewage disposal system within existing Borough sanitary sewer service area.

In the event that connection with a Borough water pollution control system is not permitted by reason of a sewer connection ban imposed by the New Jersey Department of Environmental Protection, Board of Health approval for a new individual subsurface sewage disposal system within an existing Borough sanitary sewer service area shall be conditioned upon an assurance that the realty improvement will, upon notice from the Borough, be connected with the Borough water pollution control system within one year after the sewer connection ban has been lifted and sewer service becomes available to the realty improvement. The assurance may take the form of a deed covenant approved by the Board of Health and recorded prior to the issuance of the permit to construct the individual subsurface sewage disposal system.

§ 256-11 Construction of sewage disposal system within proposed Borough sanitary sewer service area.

In the event that a lot upon which an individual subsurface sewage disposal system is to be constructed lies within a proposed future Borough sanitary sewer service area as shown upon a Borough wastewater management plan approved by the New Jersey Department of Environmental Protection, Board of Health approval for a new individual subsurface sewage disposal system shall be conditioned upon an assurance that the realty improvement will, upon notice from the Borough, be connected with the municipal water pollution control system within one year after sewer service becomes available to the realty improvement. The assurance may take the form of a deed covenant approved by the Board of Health and recorded prior to the issuance of the permit to construct the individual subsurface sewage disposal system.

§ 256-12 Flow tests.

[Amended by Ord. No. BH-1-93]
A. 
Persons qualified to perform flow tests upon individual subsurface sewage disposal system.
(1) 
Only a professional engineer or a sanitarian first grade licensed by the State of New Jersey shall perform any test upon an individual subsurface sewage disposal system located within the Borough which involves the discharge of water or any other liquid into the system.
(2) 
Neither the Borough Engineer, nor any professional engineer associated with his firm, nor any sanitarian first grade affiliated with the Health Officer serving the Borough shall be engaged by any property owner or other private party to make any test or furnish any report upon the performance of an individual subsurface sewage disposal system located within the Borough.
B. 
Conduct of flow tests.
(1) 
General. No water or other liquid shall be discharged into any individual subsurface sewage disposal system in a volume or manner that will result in a hydraulic overloading of the system or which will otherwise adversely affect the functioning of the system.
(2) 
Flow tests of systems serving single-family dwellings. The discharge of water or other liquid into an individual subsurface sewage disposal system serving a single-family dwelling for purposes of determining the condition of the system shall be made in accordance with the following standards:
(a) 
The total discharge of water or other liquid into the system for any one flow test shall not exceed an amount calculated as follows: 50 gallons for the first bedroom plus 35 gallons for each additional bedroom, provided that the total volume of water or other liquid discharged into the system shall be no less than 100 gallons nor more than 200 gallons, with the discharge being made within a period not exceeding one hour. No more than one such flow test shall be made on a system within in any twenty-four-hour period.

§ 256-13 Fees.

[Amended by Ord. No. BH-1-93; Ord. No. 96-06]
The fees and charges are as established in Chapter 127, Fees.[1]
[1]
Editor's Note: Ordinance No. BH-1-01, adopted 3-15-2001, added fees for initial determination as to the necessity to alter an existing system in order to provide an adequate system if the structure were enlarged or otherwise modified. These fees were added to Ch. 127, Fees, for consistency.

§ 256-14 Time of submission of application.

Every application shall be submitted to the Board of Health at least 10 days prior to the meeting of the Board at which consideration is desired.

§ 256-15 Violations and penalties.

A. 
Any person who violates any provision of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 and following, Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following, any provision of this code or any order of the Board of Health issued pursuant thereto shall be subject to a fine not exceeding $200 for each offense and an additional penalty of not more than $25 for each day a particular violation continues after notice of the violation shall have been given to such person by the Board of Health.
B. 
The Board of Health may refer any violation to the New Jersey Department of Environmental Protection for the assessment of penalties under N.J.A.C. 7:9A-1.7.

§ 256-16 Inspection and approval of abandonment of system.

[Added 12-21-2000 by Ord. No. BH-4-00]
A. 
Definition. For purposes of this section the term "individual subsurface sewage disposal system" shall have the meaning set forth in the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following.
B. 
Fee for Board of Health inspection and approval of the abandonment of an individual subsurface sewage disposal system or any component thereof; exceptions. The owner of a property desiring to abandon an individual subsurface sewage disposal system or any component of such a system shall pay to the Board of Health a fee of $100. This fee shall not be required in the event that the abandonment is:
(1) 
Related to a concurrent connection with a public sanitary sewer system, in which event inspection and approval shall be the responsibility of the municipal plumbing inspector; or
(2) 
Related to an alteration of an existing individual subsurface sewage disposal system, in which event the owner shall have paid application fees to the Board for inspection and approval of all aspects of the alteration, including abandonment and removal of any existing facilities not required for the alteration.
C. 
Notice of intended abandonment work and payment of required fee. The payment of the fee required by Subsection B of this section shall be made at the time that the property owner gives notice to the Board of Health of the intention to perform work for the abandonment an individual subsurface sewage disposal system or any component part thereof subject of the fee required by Subsection B, which notice shall be given at least 10 calendar days prior to the commencement of work for the abandonment.
D. 
Other ordinances not affected. No provision of this section shall the affect the provisions of any other ordinance adopted by the Board of Health, and any fee required by this section shall be in addition to any other fee required by any other ordinance.

§ 256-17 Installation, maintenance and inspection of grease traps.

[Added 12-9-2002 by Ord. No. BH-1-02]
A. 
Any application fix a permit to construct, alter, or repair an individual subsurface sewage disposal system serving a retail food establishment on the premises of which cooking is permitted to be conducted Shall provide for the installation of a grease trap designed in accordance with N.J.A.C. 7:9A-8.1, or its successor provisions.
B. 
Any application for a permit to construct, alter, or repair an individual subsurface sewage disposal system subject to the requirements of Subsection A hereof shall include a maintenance plan which shall provide a schedule for the regular cleaning of the grease trap.
C. 
No permit to construct, alter, or repair an individual subsurface sewage disposal system subject to the requirements of Subsection A hereof shall be approved by the Board of Health unless the Board:
(1) 
Determines that the system incorporates a grease trap designed in accordance with N.J.A.C. 7.9A-8.1, or its successor provisions; and
(2) 
Finds the maintenance plan submitted pursuant to Subsection B hereof to be adequate in view of the quantity of grease generated, or reasonably anticipated to be generated, by the retail food establishment.
D. 
Any permit to construct, alter, or repair an individual subsurface sewage disposal system subject to the requirements of Subsection A hereof shall require that the grease trap to be installed in such system be cleaned and maintained in accordance with the maintenance plan approved by the Board pursuant to Subsection C hereof. Such a permit shall further require that records of cleaning and/or maintenance of the grease trap be periodically submitted to the Board of Health to enable the Board to confirm compliance. Such a permit shall empower the Board to revoke the permit in the event that the Board finds that either:
(1) 
A grease trap conforming to the plans approved by the Board pursuant to Subsection C hereof has not been installed; or
(2) 
The grease trap has not been cleaned and/or maintained in accordance with the maintenance plan approved by the Board pursuant to Subsection C hereof.
E. 
Grease traps required to be installed in individual subsurface sewage disposal systems hereunder shall be subject to quarterly inspections by the Board of Health. The owner of the property on which the retail food establishment is located shall pay to the Board of Health a fee of $100 for each such inspection conducted.