[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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
[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.
[Amended by Ord. No. BH-1-93; Ord. No. 96-06]
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.
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.
[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.
[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
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:
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.
