Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
Land use and development regulations — See Ch. 348.
Septic tanks, cesspools and privy vaults — See Ch. 417.
Sewers — See Ch. 421.
Outdoor privies — See Ch. 561.
Sanitary facility certification fees — See Ch. 569.
Sewerage connections — See Ch. 572.
Water supplies — See Ch. 589.
Editor's Note: This ordinance repealed former Ch. 408, Realty Improvements: Water and Sewage Facilities, adopted 11-27-1973 by Ord. No. 1378 as Ch. 408 of the 1973 Code.

§ 408-1 Application for unapproved facilities; fee; certification required.

After the effective date of this chapter, no installation or erection of any potable water supply and sewerage service, or either, shall be commenced or made in any realty improvement not served by an approved water supply and an approved sewerage system in this Township, unless and until:
Written application for the particular installation or erection has been made to this municipality in a form furnished or approved by the municipality or the Department of Environmental Protection of New Jersey;
A fee of $15 has been paid the municipality, which fee shall accompany application; and
Certification required by N.J.S.A. 58:11-25 has been issued by the local Board of Health or its duly authorized agent or representative.
Said fee shall cover the costs and expenses of the municipality in all clerical work and inspections of proposed installation and actual installation in each instance.

§ 408-2 Minimum seepage pit distances for basementless structures and small lots.

The provisions of this section shall apply only to those structures which are to be erected without a basement.
In those areas of the Township where building lines have been established on streets by the erection of dwellings or other structures, and said building line is less than that which would be required in order to obtain conformance with the requirements of this chapter, and where such conformance would impose undue hardship on an individual property owner insofar as front yard setback is concerned, the minimum distances may be reduced as follows:
Seepage pit to property line on street: five feet.
Seepage pit to new structure on same lot: 15 feet.
The above minimum distances may also apply in those instances where the depth of the lot or lots is less than 80 feet. This provision shall apply only in those instances where the lot or lots appear on duly filed maps or on subdivisions approved by the Toms River Township Planning Board.

§ 408-3 Certification prerequisite for permit.

No building permit for the construction of a realty improvement shall be issued in this Township unless and until said certification has been issued.

§ 408-4 Certification prerequisite for construction.

No construction of any realty improvement in this Township shall be begun until said certification has been issued.

§ 408-5 Compliance with state laws and local requirements.

All proposed water supply systems and sewerage facilities for the proposed realty improvements shall be in compliance with the provisions of "The Realty Improvement Sewerage and Facilities Act (1954), of the State of New Jersey," which is L. 1954, Chapter 199, N.J.S.A. 58:11-23 et seq., the standards for construction of such water supply and sewerage facilities promulgated by the Department of Environmental Protection of New Jersey or to be promulgated by it hereafter, and the Toms River MUA's Rules and Regulations concerning sanitary sewer matters.

§ 408-6 Waterfront property requirements; basementless structure requirements.

In all waterfront property, the sewerage disposal system shall be constructed between the proposed new building or structure to be erected and the street, unless previous construction on adjoining land or lands makes such new erection of the new sewerage disposal system first referred to in this section conflict with other provision or provisions of this chapter or any other ordinance of this municipality or with the state law.
In any area where an approved central water supply system is available and the proposed new structure to be erected is without basement, the minimum distances may be:
Seepage pit to property line on street: five feet.
Seepage pit to new structure on same lot: 10 feet.
Septic tank to property line on street: five feet.
Subsection B above shall be invoked only in those instances where strict enforcement of applicable Township ordinance or ordinances would prevent construction of minimum-sized structure on premises in question.

§ 408-7 Sewage disposal system requirements.

The distance between the septic tank and seepage pit shall be a minimum of six feet.
In those areas in which a high-water table exists and it is not practical to make a percolation test as required by Section 9 of Chapter 199, P.L. 1954,[1] the seepage area shall be based on a percolation rate determined from an analysis of the soil conditions.
Editor's Note: See N.J.S.A. 58:11-23 et seq.
The soil borings shall be made by the engineer for the applicant and shall extend to a depth which will penetrate pervious material. However, in no case shall the depth of the borings be less than 12 feet. Further, wherever practical, in those areas having a high-water table combined with a strata of meadow sod, mud or other impervious material, a seepage pit shall be constructed having a depth sufficient to penetrate the meadow sod, mud or impervious material.
In all cases the engineer for the applicant shall certify to the local Board of Health that the design of the individual sewage disposal and water supply systems is in accordance with Chapter 199 of the Laws of 1954 and all municipal ordinances relating to individual sewage disposal and water supply systems.
All precast concrete or prefabricated steel, septic tanks and seepage pits must be approved by the Toms River Township Board of Health before installation anywhere in the Township. Approval of the Board may be obtained by submitting design details and an engineering report in duplicate for each unit. This data shall be submitted to the Township Engineer for his investigation and report to the Board of Health. Each design shall be given a manufacturer's identification number. After approval and filing with the Board of Health, all precast or prefabricated units may be specified by size or capacity, and reference to the proper identification number.
Job-site-constructed sewage facilities will require individual design details as part of the application and exhibit.

§ 408-8 Municipal representative.

Any employee of this municipality who is a Sanitary Inspector, First Grade, licensed by the New Jersey State Board of Health shall be the representative of this municipality and its Board of Health to issue such certificates where warranted, or to deny same when unwarranted. The Board of Health shall from time to time designate one or more of such employees[1] to so act for and on behalf of this municipality.
Editor's Note: On 5-10-1967, the Board of Health adopted the following resolution: "All employees of this Board of Health who are qualified as Sanitary Inspectors, First Grade, licensed by the New Jersey Department of Health, are hereby authorized to represent the Township of Toms River and its Board of Health in connection with the provisions of Ordinance No. 962 of the Township of Toms River." (Said Ord. No. 962, adopted 5-9-1967, amended this § 408-8.)

§ 408-9 Definitions and constructions of words and phrases.

All words and phrases used in this chapter, which words and phrases are defined in N.J.S.A. 58:11-24, shall follow the same definitions and constructions as in said state law.

§ 408-10 Disposition of fees.

All fees paid pursuant to this chapter shall be the property of the municipality, provided that all fees collected pursuant to this chapter shall be first dedicated to the cost of administration of the proceedings hereunder.

§ 408-11 Purposes.

This chapter is adopted for both revenue and police power (i.e., regulatory) purposes.

§ 408-12 Violations and penalties.

Any person, firm or corporation convicted of a violation of any of the provisions of this chapter shall suffer a penalty of a fine of not exceeding $200 for each offense, and, if an individual, by imprisonment in the common jail of the County of Ocean for a term of not exceeding 30 days, or both, in the discretion of the Magistrate before whom such conviction is had.

§ 408-13 Construal.

Nothing contained in the preceding section shall be construed to affect, estop, hinder or embarrass the local Board of Health in prosecuting any violation under the provisions of N.J.S.A. 58:11-39, if it elects to so prosecute.

§ 408-14 Filing of certified copy.

The Township Clerk shall file a certified copy of this chapter with the Department of Environmental Protection of New Jersey within 10 days after the final adoption hereof.