[HISTORY: Adopted by the Board of Health of the Township
of Vernon 5-26-1992 by Ord. No.
92-1. Amendments noted where applicable.]
The New Jersey Department of Environmental Protection has promulgated
certain regulations known as "Chapter 9A, Standards for Individual
Subsurface Sewage Disposal Systems," New Jersey Administrative Code
7:9A-1.4 through 7:9A-12.8, together with Appendix A through D, which
establish standards for the location, construction and maintenance
of sewage disposal systems is hereby adopted in its entirety and shall
be controlling unless higher standards are prescribed herein by the
Vernon Township Department of Health and Human Services.
As used in this chapter, the following terms shall have the
meanings indicated:
An increase in the number of bedrooms from that which existed
prior to the addition. A interior partition which divides a room into
two separate rooms which meet the definition of "bedroom" is considered
an additional bedroom.
Any room, excluding the general living area as defined in
this section, which contains a door and a window, and which is greater
than 80 square feet. At least 1/2 of the floor area of the bedroom
shall have a ceiling height of at least seven feet. The floor area
of that part of any room where the ceiling is less than five feet
shall not be considered as part of the floor area in comparing the
total floor area of the room for the purpose of determining the square
footage of living space available for occupancy as a bedroom.
A professional engineer licensed to practice engineering
in the State of New Jersey.
A certified statement by the engineers that the individual
sewage disposal system was installed according to the designs and
plans submitted to, and approved by, the Vernon Township Department
of Health and Human Services and without deviations therefrom in any
manner, shape or form.
A rigid or semirigid barrier constructed of aluminum, steel,
wire, plastic or other durable, weather-resistant mesh which shall
be four feet in height from the ground and the said fencing shall
be anchored to the ground by post, pole or other such supporting device
at least every eight feet. The bottom of the fencing shall not be
more than four inches from the underlying ground.
The kitchen, dining room, living room, and family room. These
rooms shall not be located so as to be used as a primary sleeping
area. For example, a second floor of a home which has bedrooms located
on it would be considered to be all bedrooms even if one room was
called a family room.
Any person, persons, firm, engineer, applicant, surveyor,
corporation or other entity.
Having the following information as a minimum: number of
soil profile pits, type of soils, depth of soil horizons, presence
and depth of mottling, percolation or permeability of soil, estimated
seasonal high-water table, depth of bedrock and whether massive or
fractured.
The containment of all soil within the area of ground disturbance
and the prevention of soil erosion through wind or rainfall by the
application of mulch and the installation of silt fences or hay bales
on the perimeter of the soil disturbance.
A.
No person, persons, firms, corporations or other entities shall construct, alter or repair any individual sewage disposal system until a permit for the construction, alteration, or repair of said sewage disposal system has been issued by the Vernon Township Health Officer. The Vernon Township Health Officer shall not issue a permit to construct a new sewage disposal system until such time as a zoning permit for the construction has been issued by the Zoning Officer or an approval for necessary variances from Chapter 330, Land Development, has been granted by the appropriate municipal board pursuant to the provisions of the Municipal Land Use Law of the State of New Jersey.[1]
[Amended 5-8-2000 by Ord.
No. 00-11; amended 11-13-2008 by Ord. No. 08-21]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Said permit shall be valid for a period of one year only from the
date of original approval and must be renewed thereafter if the proposed
system has not received a satisfactory final grade inspection.
C.
The design shall have met all current applicable state regulations and local ordinances in effect on the date the permit was issued; the soils, water table, permeability, and location of adjacent wells and septic systems are recertified to by the design engineer; and the permit was originally issued subsequent to October 1986 in order for the application to be renewed, unless the conditions in Subsection D below are met.
D.
A permit may be renewed by the Vernon Township Health Officer if it met all applicable codes at the time it was issued and the installation of the individual sewage disposal system was commenced prior to the expiration of the permit. Proof that the system was started prior to the expiration date shall be required. Proof shall consist of an inspection being requested by applicant and approved by the Vernon Township Health Officer pursuant to § 462-12 prior to the expiration of said permit and that, once started, the installation process shall not be interrupted for a period greater than five days.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
In addition to the requirements of N.J.A.C. 7:9A-1.1 et seq., the
following shall be provided:
(1)
The name of the person witnessing the soil profile for the Vernon
Township Health Officer shall be included on the plot plan and the
date of same.
[Amended 11-13-2008 by Ord. No. 08-21]
(2)
The plot plan shall show the complete section of the septic system
with all details of the disposal area construction.
(3)
The plot plan shall show a profile of the property with existing
and proposed grading. The septic system shall be located on said profile.
(4)
The plot plan shall show the location of all existing individual
subsurface sewage disposal systems within 150 feet of the proposed
disposal system. It shall also show the type, and size, of installation
of each disposal system located within 150 feet of the proposed disposal
system. The plot plan shall further show how the location of any systems
within 150 feet was determined. In the event the location of any system
within 150 feet of the proposed system is estimated, the application
shall specifically indicate why said locations were only estimated
and why the actual locations could not be confirmed. In the event
the locations within 150 feet of the proposed system are only estimated,
the application shall indicate what attempts were made to obtain records
of these systems from the Vernon Township Health Officer and adjoining
property owners. The Vernon Township Health Officer shall have the
right to refuse to issue a permit if it determines that a diligent
effort was not made by the applicant to accurately locate all systems
within 150 feet of the proposed system. If a permit is denied on this
basis, the applicant shall be required to make more diligent efforts
and to resubmit the application.
[Amended 11-13-2008 by Ord. No. 08-21]
(5)
The plot plan shall show the location of the proposed well or potable
water supply system and shall provide the distance from all elements
of any sewage disposal system within 150 feet of said well. The well
shall be required to be located at least 100 feet from any disposal
area unless it is located as far from any existing or proposed septic
system as possible, but in no event less than 50 feet, and is provided
with a casing to a depth of 50 feet or more, as required by the New
Jersey Department of Environmental Protection, and where said casing
extends to, and is sealed into, a confining layer separating the aquifer
from the stratum of soil used for sewage disposal.
(6)
The plot plan shall show the location of all existing wells that
are within 150 feet from any element of the sewage disposal system.
No existing wells shall be located within 100 feet of the proposed
disposal area unless those wells were installed after July 13, 1979,
and are provided with a casing to a depth of 50 feet or more, as required
by the New Jersey Department of Environmental Protection, and where
said casing extends to, and is sealed into, a confining layer separating
the aquifer from the stratum of soil used for sewage disposal.
B.
Within 15 working days, the Vernon Township Health Officer will review
all available information and either allow or deny the reduction from
100 feet based on the information provided. Under no circumstances
can the Vernon Township Health Officer reduce the distance below 50
feet.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
Prior to performing any soil evaluation tests, all property lines
shall be located and the location and method of determining same shall
be provided to the inspector from the Vernon Township Health Officer.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
If evidence of bedrock is present at a depth of less than 10 feet
below existing grade within 50 feet of the proposed disposal area,
a minimum of four soil profile pits shall be required near the corners
of the disposal area. The inspector for the Vernon Township Health
Officer shall have the right to request additional soil profile pits
as he/she deems necessary. No design for an individual sewage disposal
system shall be approved unless the required number of soil profile
pits are performed as indicated by N.J.A.C. 7:9A-1.1 et seq., this
chapter or the inspector for the Vernon Township Health Officer and
in compliance with all state statutes and regulations and local ordinances,
rules and regulations.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
If the zone of disposal appears to be less permeable than the horizon
being tested for permeability, additional permeability tests shall
be performed in these more restrictive horizons.
D.
Multiple site inspections scheduled for one day by one engineer or
applicant shall be limited to that number which can reasonably be
performed during the regular business hours of the Vernon Township
Health Officer.
[Amended 11-13-2008 by Ord. No. 08-21]
E.
All proposed subdivisions shall have at least one soil profile pit
and permeability test on each proposed lot in an area suitable for
an individual sewage disposal system. The tests performed shall indicate
the suitability of the soil for sewage disposal prior to subdivision
approval.
F.
Any soil profile pit, percolation test hole or similar hole shall
be backfilled within 24 hours following the digging of same. Fencing
shall be erected around the open hole prior to sunset on the day the
hole is dug and shall remain until the hole is backfilled. If the
hole is backfilled prior to sunset of the day it is dug, fencing shall
not be necessary.
G.
Any lot which has soil disturbed in order to perform soil testing
shall be restored by rough grading and stabilization before the excavating
equipment leaves the disturbed site, but in any event not more than
24 hours after the testing.
Trenches are the preferred system and must be installed when
possible. If a disposal bed is proposed instead, the engineer must
state why trenches are not desirable for the lot.
[Amended 11-13-2008 by Ord. No. 08-21]
The engineer or surveyor must stake the corner of the disposal
area with 10 feet off set stakes prior to the commencement of any
construction on the site. The lot must be staked by a licensed professional
surveyor prior to the commencement of construction. Any deviation
from the proposed design must be reported immediately to the Vernon
Township Health Officer. No further work shall continue until approved
by said Health Officer.
A.
Any lot under 25,000 square feet or where the presence of bedrock
is indicated must have the disposal area excavated prior to the issuance
of the septic permit.
B.
No excavation shall occur without a written order granting permission
to proceed by the Vernon Township Department of Health and Human Services.
C.
All applicants for the installation of new sewage disposal systems
on lots under 25,000 square feet shall notify all property owners
within a radius of 200 feet by certified mail, return receipt requested.
The property owners within 200 feet shall notify the Vernon Township
Health Officer in writing of any objections to the application of
file within 10 days of receipt of this notice. After 10 days and within
30 days, the Vernon Township Health Officer will review all available
information and either allow or deny the application in writing.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
In the event rain causes the excavation to silt in or collapse, the
excavation will have to be reinspected within 24 hours before proceeding.
B.
In any excavation requiring select fill, that fill shall be installed
within 96 hours after inspection of the excavation.
C.
Any excavation, whether select fill is required or not, shall be
backfilled within 96 hours following the excavation inspection. Fencing
shall be erected around the open excavation prior to sunset on the
day the system is excavated and shall remain until the excavation
is backfilled which shall occur within the time period as set forth
above.
D.
Stabilization must be installed after the start of construction to prevent runoff from the lot during construction. Any lot which has soil disturbed in order to install a septic system shall be restored by rough grading and stabilization before the excavating equipment leaves the disturbed site, but in any event not more than 24 hours after receiving approval for the final component installation pursuant to § 462-12A(4).
Certification of installation by the design engineer shall be
required when retaining walls of greater than 48 inches in height
are designed to contain a raised system. Approval by the design engineer
is required for any retaining wall installations over 48 inches in
height.
A.
In lots where any component of the subsurface sewage disposal system
will be located within 100 feet of a lake, river, stream or other
similar watercourse, or a wetland, all installations of individual
subsurface sewage disposal systems must be witnessed by a licensed
professional engineer. He shall submit an engineer's certification
of installation to the Vernon Health Officer along with a statement
that the installation is in accordance with the approved design and
with all federal, state, county and local statutes, ordinances and
regulations.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
Engineer's certification of installation may be required on any design,
and the engineer and owner shall be so notified.
B.
Twenty-four hours' (one business day) notice shall be provided by
the excavator or owner for each inspection requested. Weekends and
holidays shall not be included in the above time.
C.
All sewage disposal system installations, once started, must be continued
and not interrupted for greater than five working days. If a system
may have silted in by rainfall runoff, the Vernon Township Health
Officer shall not approve any subsequent inspections until the excavator
has demonstrated that no damage to the soil horizons has occurred.
This may require removal of stone or select fill in order to examine
the entire area which was exposed to the rainfall runoff.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
No person, persons, firms, corporations or other entity shall engage
in the installation, either in whole or part, of an individual subsurface
sewage disposal system without first obtaining a license to install
systems in Vernon Township from the Vernon Township Health Officer.
[Amended 11-13-2008 by Ord. No. 08-21]
B.
The installer shall be eligible for a license if he meets the following
criteria:
(1)
A minimum of two years' experience installing systems in Vernon Township,
prior to the enactment of this chapter; or
(2)
A minimum of two years' experience in septic system installation
and obtain a satisfactory (passing) grade on a licensing exam currently
being used by the Vernon Township Health Officer; or
[Amended 11-13-2008 by Ord. No. 08-21]
(3)
A homeowner, wishing to alter or install his system at his primary
residence, who will assume complete responsibility for work performed
and only for work outlined in the permit.
C.
If the homeowner is acting as the installer and is eligible as specified in Subsection B(3) above, only he and his immediate family shall engage in the installation process. The work cannot be given to an unlicensed subcontractor, whether in whole, or in part, or whether for payment or not, except to the extent that he can hire someone to haul the material to his home. He must sign a certification that the dwelling will be his primary residence, that he understands and is responsible for knowing the inspections required under § 462-12 of this chapter. The homeowner shall not install more than one septic system once every five years. This five-year limitation does not apply to altering or repairing the septic system at the homeowner's primary residence.
D.
The license shall be valid for a period of one year and may be renewed.
The homeowner's license shall be valid only for the specified block
and lot indicated on the license.
A.
No Health Officer approval shall be required of the sewage disposal
system for the following:
[Amended 11-13-2008 by Ord. No. 08-21]
(1)
Repairing fire damage. The building is to be restored to the same
number of bedrooms or less as formerly existed prior to the fire and
shall stay within the same building perimeter and number of floors
as previously existed.
(2)
Electrical permits.
(3)
Plumbing permits which do not add fixtures or replace existing fixtures
with those which have greater wastewater flows.
(4)
Shed less than 100 square feet without footing or cement slab.
(5)
Deck and aboveground pool. Although no review by the Vernon Township
Health Officer is necessary, the deck or any aboveground pool shall
not be constructed in such a manner which will interfere with the
maintenance and cleaning of any component of the septic system, or
with a future alteration of the septic system.
B.
Prior to the Health Officer approval of the following, the applicant
shall submit the location of the existing septic system, and should
no adequate soil test information be available, then the applicant
shall submit soil log information demonstrating that the existing
septic system can be expanded to meet current alteration standards:
[Amended 11-13-2008 by Ord. No. 08-21]
(1)
Garages.
(2)
Sheds with footings or cement slab.
(3)
In-ground pool.
(5)
If a site inspection demonstrates that the proposed garage, deck
or other habitable or nonhabitable living area expansion will not
encroach on needed or usable area for a future septic system repair,
then the Vernon Township Health Officer shall eliminate the need for
soil log information.
C.
The following requires expansion of an existing septic system to
conform to new construction standards prior to approval or proof that
the existing septic system meets existing state and local requirements:
D.
Prior to conversion from a public seasonal water system, the following
must be satisfied:
[Added 12-8-1992 by Ord.
No. 92-2]
(1)
A map prepared by a professional engineer or licensed surveyor which
shall include the following:
(a)
Scale of no more than 60 feet to the inch.
(b)
Dimensions and setbacks of the subject property.
(c)
Location of all existing or proposed buildings on the site and
all wells and septic systems within 150 feet of the well or septic
proposed to be installed.
(d)
Dimensions of right-of-way of any contiguous roads.
(e)
General notation of any topography greater than 15% slope on
the property shown in increments of 5%.
(2)
The existing septic system must comply with the standards promulgated
by the Health Officer.
[Amended 11-13-2008 by Ord. No. 08-21]
New individual disposal systems shall not be placed in operation,
nor shall new dwellings or buildings or additions thereto be occupied,
which must rely on such a system for sewage disposal, until the Vernon
Township Health Officer shall have issued a certificate indicating
that the disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the aforementioned
standards. Issuance of such certificate shall not be required for
repairs to an existing individual sewage disposal system, as defined
in N.J.A.C. 7:9A-2.1.
[Amended 11-13-2008 by Ord. No. 08-21]
After all required inspections, except the final grade, are
made and approved by the Vernon Township Health Officer, the builder
of the home as well as the installer of the subsurface sewage disposal
system shall be required to prepare at least two copies of an as-built
plan showing the actual locations and dimensions of all components
of the subsurface sewage disposal system and the well. Before a certificate
of compliance is issued for the premises, one copy of the as-built
plan shall be placed in a plastic wrapper on or adjacent to the electrical
box for the building, and one copy given to the Vernon Township Health
Officer for filing.
A.
Automatic flushing devices of the siphonic design are prohibited.
B.
Water closets, either flush tank or flushometer operated, shall be
designed by, manufactured, and installed to the operable and adequately
flushed average of 3.5 gallons of water but no more than four gallons
per flushing cycle when tested in any one-test pressure. Less than
three-and-one-half-gallon flush toilets are highly recommended and
may be required by either the engineer or the Vernon Township Health
Officer.
[Amended 11-13-2008 by Ord. No. 08-21]
C.
Urinals shall be designed, manufactured, and installed to be operable
and adequately flushed with no more than 1.5 gallons of water per
flush.
D.
Lavatory faucets shall be designed, manufactured, and installed so
that they shall not exceed a water flow rate of 2.75 gallons per minute
with varying supply line pressure. Every lavatory faucet will be equipped
with an improved aerator. Self-closing or self-metering faucets shall
be installed on all public lavatories.
E.
Garbage grinders or disposal units shall be prohibited.
A.
Any provisional approval which is granted pending any additional information, notification of adjacent property owners, excavating the disposal system, etc., shall expire eight months from the date provisional approval was granted in the event the required information, notification, excavation, etc., is not provided and a permit to construct, alter or repair is not issued by the Vernon Township Health Officer. Once the permit is issued, it shall be valid for one year from the date of issue and can only be renewed if all current state regulations and local ordinances are complied with at the time of renewal or the application meets the provisions as set forth under § 462-3C and D. .
[Amended 11-13-2008 by Ord. No. 08-21]
B.
If the provisional approval expires as set forth above and no permit
was issued, the entire application shall become null and void and
be returned, except one copy for the file, to the applicant at the
address provided on the application. Any subsequent application shall
be considered as an initial application and not a revision to an existing
application.
[Amended 11-13-2008 by Ord. No. 08-21]
A.
In case any permit or certification required by this chapter is denied
by the Vernon Township Health Officer, a public hearing shall be held
before the Mayor and Township Council within 15 days after written
request is made by the applicant, and upon such hearing the Mayor
and Township Council shall affirm, alter or rescind the previous determination
of the Vernon Township Health Officer and shall, by written resolution,
notify the applicant accordingly within 15 days after the date of
such hearing.[1]
B.
If an application to construct, alter, or repair a subsurface disposal
system is denied, and no further revisions, information, etc., is
received within six months of issuance of a written notice from the
Vernon Township Health Officer indicating that the application cannot
be approved by the Vernon Township Health Officer, the entire application
shall become null and void and be returned, except for one copy for
the file, to the applicant at the address provided on the application.
Any subsequent application shall be considered as an initial application
and not a revision to an existing application.
[Amended 11-13-2008 by Ord. No. 08-21]
The Vernon Township Health Officer may order all further work
in and about any individual sewage disposal system, which is being
erected or installed in violation of the standards, to be stopped
forthwith, except such work as shall be necessary to remedy such violation.
Thereafter, the work shall be continued without any violation of any
of the provisions of the code. After issuance of any such stop-work
order and the service of a copy thereof upon any person connected
with or working in and about the erection or installation of any such
disposal system, or any part thereof, no further work shall be done
thereon except as aforesaid.
A.
Any person or persons, firm or corporation or other entity violating any of the provisions of or any order under this chapter or contained within Chapter 9A, Standards for Individual Subsurface Sewage Disposal Systems, promulgated by the New Jersey Department of Environmental Protection, New Jersey Administrative Code 7:9A-1.1 through 7:9A-12.8, or any section or subsection of this chapter or any local health regulation, upon conviction thereof, shall be subject to the penalties set forth in Chapter 1, Article II, § 1-19, Violations and penalties.[1]
B.
Each day a particular violation continues shall constitute a separate
offense.
[Amended 11-13-2008 by Ord. No. 08-21]
Three copies of the adopted code referred to as the "Standards
for Construction, Installation, and Maintenance of Individual Subsurface
Sewage Disposal Systems in the Township of Vernon" have been placed
on file in the office of the Vernon Township Health Officer and will
remain on file in said office for the use and examination of the public.
