Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Boonton 11-26-1990 by Ord. No. 443.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Rockaway Valley Regional Sewerage Authority — See Ch. 33.
Sewer utility — See Ch. 37.
Sewers — See Ch. 121.
[1]
Editor's Note: Section 1 of this ordinance provided for the repeal of former Ch. 170, Sewage Disposal, which was comprised of Art. I, Construction and Location of Private Systems, adopted 11-2-1953, as amended, and of Art. II, Individual Sewage Disposal Systems, adopted 5-23-1988, as amended in its entirety 4-24-1989 by Ord. No. 408.

§ 170-1 Adoption of standards.

A. 
The regulations promulgated by the State Commissioner of the Department of Environmental Protection pursuant to the Realty Improvement Sewerage and Facilities Act (1954) and subsequent amendments thereto and known as "Standards for Individual Subsurface Sewage Disposal Systems (1989)" and subsequent amendments thereto are hereby adopted and are of full force and effect in the Township of Boonton, except for the regulations and higher standards prescribed by this chapter.
B. 
Three copies of said Standards for the Construction of Individual Subsurface Sewage Disposal Systems (1989) have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this chapter and will remain in said office for the use and examination of the public.

§ 170-2 Prohibited acts.

A. 
No individual sewage disposal system shall be installed upon a property served by a sanitary sewer system. A property shall be deemed to be served by a sanitary sewer system whenever a sanitary sewer system is available within 200 feet of a property line or whenever a building upon the property can be directly connected by a house connection to an existing sewer main of such system without the need for any extension of the sewer main, provided that there is available capacity in the system.
B. 
Connection to sewer in neighboring municipality.
[Added 9-23-2002 by Ord. No. 657]
(1) 
It shall be unlawful for the owner of any property located in the Township to connect such property to the public sewer system of another municipality without first having obtained approval from the Board of Health of the Township of Boonton.
(2) 
All applications for approval to connect to the public sewer system of another municipality shall be accompanied by the following information:
(a) 
Identification and status of property (improved or unimproved).
(b) 
Status of individual sewage disposal system application (for unimproved lots) or of individual sewage disposal system (for improved lots) and reason for request for sewer connection.
(c) 
Distance of subject property to sewer line and proposed location of new sewer line/connection as depicted on a plot plan prepared by a licensed engineer.
(d) 
Name of municipality in which sewer line is located.
(e) 
Alternatives to connection to the sewer system.
(3) 
The Board of Health shall review the application and make findings as to whether there exists a demonstrated need for the proposed sewer connection. The Board shall consider the feasibility of the construction of a new or altered individual sewage disposal system on the subject property, the distance to the sewer line, the hardship to the applicants if connection to the sewer line is denied and such other matters as may be pertinent to the application.
(a) 
If approval is granted, the Board may recommend to the Township that the applicant be required to post a cash bond with the Township in an amount determined by the Township to guarantee the restoration of any roads, streets, sidewalks or rights-of-way that may be disturbed by the connection to the sewer system.
(4) 
A review fee in accordance with Chapter 82, Fees, shall be payable upon submission of an application for approval to connect to a sewer in a neighboring municipality.
[Added 11-25-2002 by Ord. No. 658]

§ 170-3 Disposal facilities required.

[Amended 6-28-1993 by Ord. No. 481]
Every single-family dwelling hereafter constructed in the Township of Boonton shall be served by a disposal facility as follows:
A. 
There shall be an individual sewage disposal system meeting all the requirements established therefor, including the higher standards established by this chapter. This system shall receive all sanitary sewage from the dwelling.
B. 
Each individual sewage disposal system shall include, at a minimum, two septic tanks, in series, of equal size and meeting the requirements established therefor.

§ 170-3.1 Reserve disposal area.

[Added 6-28-1993 by Ord. No. 481]
For all single-family dwellings constructed after the date of this chapter, an area equivalent to 100% of the disposal area shall be reserved for future expansion or replacement of the system. This area shall meet all the site requirements applicable to individual sewage disposal systems and shall be shown on the plot plan and marked "Reserved for Disposal Area Expansion." No permanent improvements shall be installed within or adjacent to this reserved area which will adversely affect its future use as a disposal area.

§ 170-4 On-site soil evaluations.

A. 
On-site soil evaluations made for purposes of meeting the requirements for the subdivision of land shall be conducted in the presence of the Sanitarian or other authorized agent of the Board of Health of the Township of Boonton. The applicant for subdivision approval shall give the Board of Health notice of the intention to conduct tests to determine soil characteristics and arrange a mutually convenient time for the conduct of the tests. The Board of Health may, at any time, require an applicant to give written notice for the purpose of the witnessing of soil evaluation or testing procedures.
B. 
For the purpose of the preliminary determination of feasibility for the proposed sewage disposal systems, on-site soil evaluation consisting of a minimum of one acceptable soil log, plus an acceptable percolation test where a percolation test is an acceptable option pursuant to N.J.A.C. 7:9A-6.1(c) per disposal area, shall be required. Where a percolation test is not an acceptable option pursuant to N.J.A.C. 7:9A-6.1(c), then an acceptable pit-bailing test, basin-flooding test or piezometer test in accordance with N.J.A.C. 7:9A-6.1(c) shall be required. All test holes or soil profile pits shall, at the completion of the tests, be filled to existing grade and stabilized.

§ 170-5 Permeability testing.

A. 
For the purpose of determining design permeability, there shall be required a minimum of one acceptable percolation test per required bed where a percolation test is an acceptable option pursuant to N.J.A.C. 7:9A-6.1(c). Where a percolation test is not an acceptable option pursuant to N.J.A.C. 7:9A-6.1(c), then an acceptable pit-bailing test, basin-flooding test or piezometer test in accordance with N.J.A.C. 7:9A-6.1(c) shall be required.
B. 
No report of a test for soil permeability which is not witnessed by the Sanitarian or other authorized agent shall be accepted unless the report is accompanied by a chain-of-custody document which contains the witnessed signatures of each individual who received or transferred the soil sample from the time the soil sample is taken to the time it reaches its final destination in a laboratory or place of testing. The report shall be signed and sealed by a licensed professional engineer. All signatures on the report shall be witnessed and dated and the time of receipt and transfer noted.
C. 
Where the applicant presents soil testing data from an independent laboratory to the Board of Health, the Board of Health may, at the applicant's expense, have the soil data corroborated by another independent laboratory. An administrative fee in accordance with Chapter 82 shall be paid to the Township of Boonton.
D. 
No field test for the determination of soil characteristics shall be reported unless the entire test is conducted in the presence of the Sanitarian or other authorized agent of the Board of Health of the Township of Boonton. Every owner or developer shall give the Sanitarian or other authorized agent notice of intention to conduct tests to determine soil characteristics, and the owner or developer and the Sanitarian or other authorized agent shall arrange a mutually convenient time for the conduct of the tests. The Board of Health may, at any time, require an applicant to give written notice for the purpose of the witnessing of soil evaluation or testing procedures.
E. 
All test holes or pits shall, at the completion of the tests, be filled to existing grade and stabilized.
F. 
A test for the determination of soil permeability shall be valid for a period of two years, provided that the site has not been disturbed by filling or other material change in topography. The Board of Health may extend the two-year length of approval in increments of one year, not to exceed three such extensions.
G. 
Where the use of fill is proposed in connection with a soil replacement, mound or mounded soil replacement installation, a soil percolation test or a tube permeater test shall be conducted in accordance with N.J.A.C. 7:9A-6.1(a), except that the permeability class rating method may not be used to determine whether the fill material used meets the requirements of N.J.A.C. 7:9A-10.1(f)4.

§ 170-6 Repair and replacement of septic systems.

No septic system shall be repaired or replaced in the Township of Boonton unless a permit has been issued by the Board of Health.

§ 170-7 (Reserved) [1]

[1]
Editor's Note: Former § 170-7, License required to operate system, was repealed 5-21-2001 by Ord. No. 631.

§ 170-8 Applications.

A. 
All applications for certification required by this chapter shall be made upon forms to be supplied by the Board of Health for that purpose. A separate application shall be filed and a separate certificate issued for each installation.
B. 
Every application for a certificate of compliance shall contain, in addition to the information required by the Realty Improvement Sewerage and Facilities Act (1954) and Standards for Individual Subsurface Sewage Disposal Systems (1989), a statement signed by a professional engineer that the location, design, construction and installation of the system are in compliance with the act and standards, the approved engineering design and any higher standards prescribed by this chapter.
C. 
The Board of Health may refer any application and accompanying plans for an individual sewage disposal system to the Township Engineer or other qualified expert for review and comment before acting upon the application.

§ 170-9 Fees.

Fees shall be paid to the Township of Boonton in accordance with the schedule set forth in Chapter 82.

§ 170-10 Expiration and renewal of permits; fee.

[Amended 7-11-2011 by Ord. No. 798]
Every permit issued pursuant to this chapter shall expire six months after the date of issuance, except that a permit issued for an individual sewage disposal system for new construction shall expire 12 months 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, in which event the permit will remain valid and in effect for a period of two years from the date of issuance. The Board of Health, the Health Officer or the Sanitarian may, in their discretion, renew a permit which has expired under the provisions of this section, provided that a permit for an individual sewage disposal system for new construction shall be renewed one time only for a period of not longer than six months. A fee in accordance with Chapter 82 shall be charged for renewal of a permit.

§ 170-11 Inspections; tests.

A. 
No part of an individual sewage disposal system exposed to view upon completion of installation shall in any manner be filled in, around or covered from view until it has been inspected by the Board of Health or its duly authorized representative and a certificate of compliance has been issued with respect to such system.
B. 
The Board of Health may test in any appropriate manner any materials, construction, products or units comprising any part of any individual sewage disposal system in order to determine compliance with applicable requirements of state laws and standards and the provisions of this chapter.

§ 170-12 Violations and penalties.

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 (1989) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $25 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.

§ 170-13 Waivers.

A. 
Neither the Sanitarian nor any other enforcement officer of the Board of Health shall have any authority to make exceptions to the requirements established by the Standards for Individual Subsurface Sewage Disposal Systems (1989) or the higher standards prescribed by this chapter.
B. 
The Board of Health may, for good cause shown, waive any of the requirements of this chapter upon resolution of the Board of Health, provided that such waiver does not deviate from any of the Standards for Individual Subsurface Sewage Disposal Systems (1989). The resolution shall set forth the reasons for the waiver.
C. 
Notice of a hearing on an application for a waiver from the requirements of this chapter or on an application to the Department of Environmental Protection for approval of a system not in conformance with Standards for Individual Subsurface Sewage Disposal Systems (1989) stating the date, time, place of any hearing and the nature of the matters to be considered shall be given by an applicant to the owners of all real property as shown on the current tax duplicate within 200 feet in all directions of the property which is the subject of such hearing at least seven days prior to the hearing or simultaneously with the submission of an application to the Department of Environmental Protection. The notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail, return receipt, to the property owner at his address as shown on said current tax duplicate.
D. 
Upon the written request of an applicant, the Township Clerk shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of the owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum as set forth in Chapter 82, Fees, may be charged for such list.
E. 
The applicant shall file an affidavit of proof of service with the Board of Health prior to the hearing.