[HISTORY: Adopted by the Board of Health
of the Township of Chester 10-8-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 92, Sewage Disposal, adopted 6-29-1994, as amended.
A.
The regulations promulgated by the State Commissioner of the Department of Environmental Protection pursuant to the Realty Improvement Sewerage and Facilities Act and subsequent amendments thereto and known as "Standards for Individual Subsurface Sewage Disposal Systems (1989)" and subsequent amendments thereto and subject to the amendment and supplement as set forth in §§ 192-1.2 and 192-5 of this chapter are hereby adopted and are of full force and effect in the Township of Chester as prescribed by this chapter.
B.
Three copies of said standards for the construction
of individual subsurface sewage disposal systems have been placed
on file in the office of the Board of Health upon the introduction
of this chapter and will remain in said office for use and examination
by the public.
As used in this chapter, the following terms
shall have the meanings indicated:
In connection with the alteration, reconstruction, extension
or structural change (collectively "alteration") to a single-family
or two-family residential building, the building shall be considered
as new construction when one or more of the following conditions occur
or are proposed:
Fifty percent or more of the floor area of the
existing building is removed, or an addition containing more than
50% of the floor area of the existing building is attached thereto;
or
The building is uninhabitable for more than
30 days in succession as a result of an alteration; or
There is a change in use of the existing building.
A person who is licensed by the State of New Jersey as a
professional engineer (other than the Township Engineer or any professional
engineer associated with his/her firm).
Any alteration to an existing one- or two-family residential building that meets the definition of "new construction" as described in § 192-1.1 shall be required to have a septic system in compliance with the standards of N.J.A.C. 7:9A or equivalent code in effect at that time of septic approval and the Township Health Code unless otherwise approved by the Board of Health. Upon a determination by the Board that a proposed alteration to a building is "new construction," the applicant shall obtain a certificate for continued use of existing individual subsurface sewage disposal system form from the secretary to the Board of Health in conformance with § 192-5.[1]
[1]
Editor's Note: A copy of the form is included at the end of this chapter.
[Amended 9-18-2019 by BOH Ord. No. 2019-01; 7-13-2022 by Ord. No. 2022-01]
The fee schedule shall be as follows:
|
Type of Application
|
Nonrefundable Application Fee
|
Witnessing/Review/Inspection Fee
|
|---|---|---|
|
Witnessing of soil logs: new construction, expansion, repair
or alteration
|
$25
|
$200 per lot per day
|
|
Individual sewage disposal system new construction, alteration
for expansion
|
$50
|
$900
|
|
Individual sewage disposal system alteration without expansion
|
$50
|
$800
|
|
Repair of system: tank, line or D-box
|
$25
|
$200
|
|
Repair of system: disposal area
|
$25
|
$500
|
|
Review of zoning permit application
|
$25
|
$25
|
|
Review of revisions to previously approved plans
|
N/A
|
$100 per review
|
|
Individual sewage disposal system reinspection following failed
inspection
|
N/A
|
$150 per inspection
|
A.
Any person or persons, firm or corporation violating
any of the provisions of or any order promulgated under this chapter
or standards for individual subsurface sewage disposal systems made
a part hereof shall, upon conviction thereof, pay a penalty of not
less than $100 nor more than $500 for each violation, at the discretion
of the court.
B.
Each day a particular violation continues shall constitute
a separate offense.
A.
Any fees collected pursuant to Chapter 192 are nonrefundable flat fees to cover administrative expenses.
B.
With regard to any application relating to a subdivision,
site plan or development of one or more lots, seeking Board interpretation,
waiver or modification, an escrow amount is to be paid at the time
the application is made to the Board in the amount of $1,000 to pay
for the cost of any professional services.
C.
The escrow account is established to cover the cost
of professional services, including but not limited to engineering,
legal and other expenses connected with the application. Escrow account
funds not utilized in the review process will be returned to the applicant.
As invoices are received from time to time by the Board from the professional
consultants of the Board (attorney, planner, professional engineer,
traffic engineer, and others who are employed to review the application),
the Treasurer of the municipality will immediately request the applicant,
in writing, to pay such additional funds into the escrow account as
may be required to cause the amount in the escrow account to equal
the initial deposit plus all outstanding directly related professional
fee invoices. The Treasurer will review the account at least monthly
to ensure that the escrow funds are maintained at the prescribed level.
As the invoices of the professional consultants are reviewed and approved
for payment by the Board, the Treasurer will pay 100% of the approved
invoices from the escrow account. The professional consultants shall
send a copy of the invoices to the applicant.
A.
Prior to the issuance of a building permit for new
construction as defined herein served by an individual subsurface
sewage disposal system, the Board of Health shall receive a certificate
for continued use from a licensed professional engineer for the property.
Where an existing individual subsurface sewage disposal system fails
to meet the applicable standards so as to qualify for a certificate
for continued use from a licensed professional engineer, the Construction
Officer or Zoning Official shall not issue a certificate of occupancy
for a new construction until the system is repaired, altered or replaced
to the satisfaction of the Board and a certificate for continued use
from a licensed professional engineer is issued.
B.
An application for a certificate for continued use of an existing individual subsurface sewage disposal system shall be made upon a form provided by the Board of Health for such purpose. The form shall include space for a report of inspection and tests of the system made in accordance with the provisions of this § 192-5. A fee shall be paid at the time of the submission of an application as provided by § 192-2.
C.
The inspection and test shall be made and the report
and certificate for continued use shall be executed by a person engaged
by the applicant who is licensed by the State of New Jersey as a professional
engineer (other than the Township Engineer or any professional engineer
associated with his/her firm).
D.
On-site inspection. The on-site inspection shall consist
of a visual check of the ground surface of the subject property above
and in the vicinity of the individual subsurface sewage disposal system
to ascertain the existence of any evidence of recent overflow of the
system or seepage from the system into any watercourse as such term
is defined in N.J.A.C. 7:9A-2.1.
E.
Tests. The following tests shall be performed:
(1)
Dye test in the plumbing system to ascertain the existence
of evidence of system overflows to ground surface or to any watercourse.
(2)
Probe test to ascertain any saturation in the ground
above the system which, if peculiar to that ground, shall be considered
to be evidence of overflow.
(3)
Usage test to ascertain whether the system can accept
an appropriate discharge of water into the system without creating
evidence of any overflow or seepage from the system. An appropriate
total discharge of water into the system for any one usage 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 discharged into the system shall not be
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 usage test shall be made on a system within any twenty-four-hour
period. In the event a dual or split system is in service, each component
of such system shall be tested at 75% of the total discharge standard
set forth herein.
F.
The report of inspection, tests and certificate for
continued use which is submitted to the Board of Health shall state:
(1)
That the person executing the report personally made the on-site inspection of the subject property and conducted the test required by this § 192-5;
(2)
That such inspection and test did not reveal or produce
evidence of any overflow of the system or any seepage from the system
into any watercourse as defined in N.J.A.C. 7:9A-2.1; and
(3)
The Chester Township R.E.H.S. was on site to witness
the required tests.
G.
The Secretary of the Board of Health shall acknowledge
the receipt of the professional engineer's certificate for continued
use of an existing individual subsurface sewage disposal system within
10 business days along with all required fees after the receipt by
the Board. If for any reason the certificate for continued use has
been rejected, the applicant shall be notified of the reason for the
refusal within 10 business days of the Board of Health's acknowledgement
of receipt of the certificate for continued use. If considered necessary
for the evaluation of a submitted certificate for continued use, the
Board of Health may make such examinations of an individual subsurface
sewage disposal system and the property upon which it is located as
may be deemed appropriate.
H.
The acceptance by the Board of Health of a certificate
for continued use of an existing individual subsurface sewage disposal
system shall not constitute a representation by the Board that the
subject system will function satisfactorily for any given period of
time following the date of the issuance of the certificate.
I.
A certificate for continued use of an existing individual subsurface sewage disposal system shall remain effective for purposes of meeting the requirements of this § 192-5 for a period of 12 months from the date the system was examined or 12 months from the date of issuance of the certificate, whichever shall first occur.
J.
Prohibited methods for testing an individual subsurface
sewage disposal system. No person shall at any time test an individual
subsurface sewage disposal system within the Township of Chester by
discharging any liquid into such system in an amount or in a manner
which will result in a hydraulic loading that is in excess of the
gallons per day design flow capacity of the system as calculated in
accordance with the state standards, nor shall any person test such
a system in any other manner which will adversely affect the function
of this system.
