Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Independence 7-13-1993 by Ord. No. 93-9[1] (Ch. 130 of the 1984 Code). Amendments noted where applicable.]
Land development — See Ch. 255.
Sewers — See Ch. 320.
Editor's Note: This ordinance repealed former Ch. 130, Sewage Disposal Systems, individual, adopted 6-14-1988 by Ord. No. 88-3.
A code regulating the location, construction use and maintenance of individual sewage disposal systems and the issuance of permits to locate or construct said systems and fixing penalties for the violation thereof is hereby adopted pursuant to N.J.A.C. 7:9A. A copy of said standards is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The following words or terms shall have the following meanings as used herein:
The person, firm, corporation or other entity having the soil evaluation and testing results performed on land either owned by him or having a beneficial interest therein. For the purpose of coordination, the term applicant shall also mean the agent authorized to act for and on behalf of the applicant.
The Warren County Department of Health is hereby appointed by the administrative authority to act as the agent to administer this chapter.
Said code established and adopted by this chapter is described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems," N.J.A.C. 7:9A.
Three copies of said standards for construction have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Warren County Department of Health.
The Warren County Department of Health is hereby designated as the agent of the Independence Township Board of Health to issue all certifications and to set and collect county fees.
The following regulations shall be deemed the approved and required procedure for and method of conducting of soil evaluation and testing results which shall be required for individual sewage disposal systems related to new construction wherein subdivision or site plan approval is required by either the Planning Board or Board of Adjustment:[1]
The applicant shall schedule a date with the authorized agent designated to witness soil evaluation and testing results at least two weeks prior to the taking of any such test. Requests made less than two weeks prior to testing may be considered by the authorized agent on a case-by-case basis.
Editor's Note: The title of the Planning Board was changed to “Land Use Board” and the Board of Adjustment was repealed 2-13-2007 by Ord. No. 2007-07. The powers and duties of the Board of Adjustment are now exercised by the Land Use Board. See Ch. 255, Land Development, Art. II.
The results of the soil evaluation and testing results witnessed by the authorized agent hereunder, as so certified by him, shall be submitted to the Independence Township Board of Health, the Warren County Department of Health and, if connected with a subdivision or site plan, to the Independence Township Planning Board.[2]
Editor's Note: The title of the Planning Board was changed to “Land Use Board” 2-13-2007 by Ord. No. 2007-07. See Ch. 255, Land Development, Art. II.
The Standards for the Construction of Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9-2.1 et seq., are amended as follows:
N.J.A.C. 7:9A-2.1, Definitions. The definitions shall be amended as follows:
"'Reserve area' means an area on the same parcel of land as that proposed for the installation of a subsurface sewage disposal system having an area equivalent to 100% of the proposed designed disposal area."
N.J.A.C. 7:9A-43, Distances. Add the following to this section: "A disposal area shall be located at least 100 feet from any sinkhole known to exist on the premises. If a sinkhole is encountered in the excavation for or construction of a disposal area, all work shall be immediately stopped and the design engineer and the administrative authority notified."
N.J.A.C 7:9A-4.8, Area reserved for sewage disposal.
Change the first sentence of this section to read as follows: "The primary and reserve areas to be used for sewage disposal shall be selected and maintained so that they are free from encroachments by driveways, accessory buildings, additions to the main building, patios, decks and trees or shrubbery whose roots may cause clogging of any part of the system."
Add the following: "A reserve area shall be established on the property for future expansion or replacement of the proposed system. The area shall meet all the requirements of the initial system and shall be shown on the plans which accompany the application and shall be marked 'Reserved.' No permanent improvements shall be installed within or adjacent to this reserved area which will adversely affect its use as a disposal area."
N.J.A.C. 7:9A-6, Permeability testing.
Add the following: Permeability tests as may be required by N.J.A.C. 9:A shall be performed at the site of each primary and reserve disposal area.