[HISTORY: Adopted by the Board of Health
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-29-1991 by Ord. No. 91-2 (Ch. 107 of the 1988
Code)]
On January 1, 1990, new regulations concerning
the location, design, construction, use, installation, operation and
maintenance of subsurface sewage disposal systems became effective.
A copy of those regulations is attached hereto and made a part hereof
without the inclusion of the actual text of the regulations in this
article pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. Pursuant to authority
granted under N.J.S.A. 26:3-69.1 through 26:3-69.6 and N.J.A.C. 7:9A-3.1,
the Board of Health hereby adopts those regulations.
The regulations established and adopted by this
article are described and commonly known as "Standards for Individual
Subsurface Sewage Disposal Systems" and are set forth in the New Jersey
Administrative Code, Title 7, Chapter 9A, commonly cited as N.J.A.C.
7:9A-1.1 et seq. Pursuant to N.J.S.A. 26:3-69.2, three copies of the
regulations have been placed on file in the office of the Secretary
of the Board of Health upon the introduction of this article and will
remain on file until final action is taken on this article for the
use and examination of the public.
[Added 12-4-2003 by Ord. No. 2003-13; amended 10-31-2006 by Ord. No. 2006-12A]
A.
No permit for the location and construction of a new
subsurface disposal system shall be issued unless the administrative
agency has approved permeability testing and soil profile pits and/or
borings for a primary subsurface sewage disposal area and a reserve
(replacement) subsurface sewage disposal area.
B.
On vacant lots of less than 1 1/2 acres, the
administrative agency shall not require a reserve subsurface disposal
area only upon a demonstration that a second subsurface disposal area
cannot be located on the lot.
C.
All applications for subdivision of land shall indicate
the locations of acceptable testing for primary and reserve subsurface
disposal areas on each proposed lot, including any remainder lot unless
testing demonstrates that an existing subsurface disposal system on
a remainder lot is functioning properly.
D.
The requirement for a reserve subsurface disposal
area shall not apply to repairs, alterations, or replacements of existing
subsurface disposal systems.
No person shall locate, construct or alter any
individual sewage disposal system until a permit for the location,
construction, alteration or repairs of said sewage disposal system
shall have been issued by the administrative authority as defined
in N.J.A.C. 7:9A-2.1. The administrative authority may issue a permit
if the application is determined to be in compliance with the regulations
adopted under this article and applicable local ordinances.
All individual subsurface sewage disposal systems
constructed, repaired or certified for operation after the effective
date of this article shall comply with the operation and maintenance
requirements set forth under N.J.A.C. 7:9-12.1.
[Amended 12-27-1996 by Ord. No. 96-32]
New individual subsurface sewage disposal systems
shall not be placed in operation, nor shall any dwellings or buildings
or additions thereto be sold or occupied, which shall rely on such
a system for sewage disposal until the administrative authority shall
have issued a certificate indicating that the subsurface sewage disposal
system has been located and constructed in compliance with the terms
of the permit issued, the provisions of the Township Code and the
provisions of N.J.A.C. 7:9A-1.1 et seq. All new individual subsurface
sewage disposal systems shall be located within the building envelope
of the lot to be served by the system.
Any approved application for the location, construction
and/or alteration of an individual subsurface sewage disposal system
shall be valid for a period of three years from the date of issue.
Thereafter, a new approved application must be obtained which will
be reviewed under the regulations in effect at the time of the new
application.
[Amended 4-18-2002 by Ord. No. 2002-03; 10-31-2006 by Ord. No. 2006-12A]
The fees regarding Sewage Disposal Systems shall be as established by Chapter 182, Fees, of the Code of the Township of Franklin.
[Added 10-31-2006 by Ord. No. 2006-12A]
Any person who violates or neglects to comply
with any provision of this article or code established herein or notice
issued pursuant thereto shall, upon conviction thereof, be liable
to a penalty of not less than $5 nor more than $500 for each violation.
[Added 10-8-2020 by Ord. No. 2020-10]
A.
Where an applicant seeks to install a new, or reconstructed individual
sewage disposal system which does not strictly meet the standards
established in the Township Ordinance, Hunterdon County Health Department
Standards or N.J.A.C. 7:9A et seq., the applicant shall make submission
to the Township Board of Health for evaluation and approval of the
waivers being sought.
B.
The applicant shall provide the Board of Health Secretary one electronic copy and one physical copy of the septic design plans and details, soil evaluations and calculations, and all other pertinent data (including a letter that summarizes the waiver, why it should be granted, and what mitigation measures are proposed to offset the impacts of noncompliance) as well as the submission of required professional review escrow fees established in § 182-23.
C.
Upon submission of the above materials the Township Engineer shall
review the application, and provide a letter report to the Board of
Health, including a determination of whether the requested waivers
are approved, or denied, or if more information must be submitted
to evaluate the request.
D.
Should the Township Engineer approve the application and determine
that the waivers as requested are justified, the applicant shall sign
a hold harmless and indemnification agreement with the Township regarding
the proposed septic system waivers prior to the applicant being permitted
to proceed to construction.
E.
Should the Township Engineer request additional information, the
requested documents must be submitted within 14 days of the request.
F.
Should the Township Engineer determine that the requested waivers
are denied, the applicant will have the ability to appeal the decision
to the Township Board of Health at a public hearing to be held at
the next available Board of Health Meeting. The Board of Health Secretary
will coordinate the appearance of the applicant and their professionals
to present the requested waivers to the Board for their evaluation,
and determination as to whether the requested waivers are justified,
or if the plans should be revised to conform to the relevant regulation
from which a waiver is being requested.
[Adopted 12-10-2009 by Ord. No. 2009-09]
The purpose of this article is to:
A.
Help protect public health and safety, water quality and general
welfare by securing the proper operation and maintenance of individual
subsurface sewage disposal systems (ISSDSs) in the Township; and
B.
Meet, where applicable, the state requirements of the Water Quality
Management Planning Rule [N.J.A.C. 7:15-5.25(e)].
ISSDSs that are not properly maintained can contaminate both
groundwater and surface water, creating health risks to humans and
impairing natural ecosystems. Regularly pumping out the accumulated
solids and liquids from an ISSDS before they interfere with proper
function is understood to be the most effective means to maintain
an ISSDS in good working order and to extend its effective life. Therefore,
regular pump-outs are a key means to protect the surrounding environment
as well as public health and welfare from the effects of a failed
system.
This article is applicable to all ISSDSs, both existing and
newly installed, within the Township.
As used in this article, the following terms shall have the
meanings indicated:
The office, agency, or other entity responsible for the implementation
of this article.
A system for the disposal of less than or equal to 2,000
gallons per day of sanitary sewage into the ground. Such systems are
generally designed and constructed to treat sanitary sewage in a manner
that will retain most of the settleable solids in a tank and discharge
the liquid effluent to a disposal field. Existing systems with other
designs (some no longer permitted to be used), such as cesspools or
those that dispose of effluent through seepage pits, are also included.
This term refers to both systems that serve an individual residence
as well as on-site subsurface sewage disposal systems serving a property
other than a single-family home (such as commercial buildings, food
establishments, commercial/residential mixed uses, and systems serving
multiple units) with an engineering flow of less than 2,000 gallons
per day, including but not limited to those systems identified in
N.J.A.C. 7:9A-1.8(a)2.
An individual granted a license by the Public Health Licensing
and Examination Board of the New Jersey Department of Health and Senior
Services.
An industry professional that meets a set of established
criteria and is deemed qualified to install individual subsurface
sewage disposal systems by the acting authority or its designee.
An engineer licensed by the New Jersey State Board of Professional
Engineers and Land Surveyors to practice the profession of engineering.
Pumping out by a qualified service provider, as determined
by the acting authority, the accumulated solids and liquids retained
in an ISSDS, as well as servicing as necessary to restore an ISSDS
to good working order.
An industry professional that has completed the Onsite Wastewater
Treatment System Professionals Voluntary Registration Form and filed
it with the Department's Bureau of Nonpoint Pollution Control.
Any person or other entity that has legal title to property.
Either of the following that is served by an ISSDS:
A single lot as defined by municipal lot and block; or
The combined area contained within the legal boundaries of two
or more contiguous lots where, for any part of each of those lots,
there is a shared pecuniary, possessory or other substantial common
interest by one or more persons, such as common ownership and/or operation
or a common plan of development or sale.
An individual granted a license by the Public Health Licensing
and Examination Board of the New Jersey Department of Health and Senior
Services.
Any wastes, including wastes from humans, households, commercial
establishments, and/or industries, that are discharged to an ISSDS.
A.
The acting authority shall establish and maintain a database identifying each ISSDS in active use within the Township. The database shall include for each ISSDS the parcel block and lot and address of the property where the ISSDS is located, name and address of the property owner, a description of system size, type and location on the property, the number of property occupants, and the pump-out status according to the acting authority's pump-out schedule set forth in § 420-15. Owners of properties served by ISSDSs will be asked to cooperate with the acting authority in its initial development and continuing update of the database as set forth below and in § 420-15.
B.
The acting authority will establish and provide to owners of properties
served by an ISSDS with a registration form to be accordingly completed
and filed with the acting authority. The acting authority may decide
initially to develop the database in phases. The objective would be
to complete the initial database prior to the deadline for submitting
the six-year WMP update required at N.J.A.C. 7:15-5.23(a). A phased
system may consist of initially populating the database with those
systems already known pursuant to N.J.A.C. 7:9A-3.5, which requires
a permit to construct, install, or alter an individual or nonindividual
subsurface sewage disposal system. For the remaining existing systems,
management zones could be designated within which properties believed
to be served by ISSDS are identified and the property owner contacted
by the acting authority in order to secure a completed registration
for the applicable ISSDS system, thereby providing the information
to populate the database. The scope of potential ISSDS properties
in a management zone could be identified by comparing the full list
of properties in the management zone according to tax rolls.
A.
The owner of a property served by an ISSDS will be requested by the
acting authority to cause the ISSDS to be pumped out by an ISSDS service
provider in accordance with the applicable schedule. Documentation
of compliance will be asked to be submitted within 60 days following
the filing of the registration form. Documentation of compliance should
be in the form of a receipt from the ISSDS service provider for the
service indicating the property location, service type(s) provided
and date of service.
(1)
Except as provided in § 420-15A(2), each ISSDS is recommended to be pumped-out every three years, unless an alternative schedule is identified by the acting authority, as set forth in § 420-15B.
(2)
In lieu of a pump-out, the property owner may submit a septic system
inspection report to the acting authority on a form provided by the
acting authority indicating that the system is not in need of pumping
and is in good working order. In this case, the pump-out schedule
will be shifted forward by one year. Said form shall be prepared,
completed, and certified by one of the following:
B.
Modifications to term of scheduled maintenance. The acting authority
may recommend that the property owner alter the time period for scheduled
maintenance. The acting authority may consider the factors, including
but not limited to those listed below, in determining that a different
pumping schedule applies:
(1)
Size of the ISSDS relative to the wastewater generated by the structure(s)
served (i.e., small number of users relative to system design may
warrant a longer period, while a large number of users relative to
system design may warrant a shorter period).
(2)
ISSDSs that are cesspools.
(3)
Unusual type and/or intensity of sewage generation, such as dining
establishments, pet grooming, hair salons, etc.
C.
Notification of requirement for scheduled maintenance.
(1)
A written letter or document from the acting authority to a property owner may serve as an informal request for the property owner to have an initial pump-out scheduled and that a pump-out schedule be followed; this request should be in writing and mailed by ordinary mail by the acting authority to owners of properties served by ISSDSs. Except as provided in § 420-15C(2), the initial pump-out by the property owner will be asked to have it conducted within 90 days from the date set forth in the initial notification.
(2)
Property owners shall be exempt from the initial pump-out requirement
provided that documentation is submitted to the acting authority that
confirms a pump-out was completed no more than 30 months prior to
receiving the initial notification or that there is exemption as provided
herein.
(3)
Sixty days prior to the next scheduled maintenance, the acting authority
should send a written "letter for service due" to serve as a reminder
to the affected property owners.
Adherence to the provisions of this article is necessary to
help protect public health and safety, water quality, and general
welfare. The failure of a property owner to adhere to the provisions
set forth in this article shall constitute a violation of this article;
however, no fine under this article shall be levied for the failure.
In case of such failure, the acting authority may accordingly notify
the local and county Boards of Health and the New Jersey Department
of Environmental Protection.
The acting authority shall provide educational information on
the proper care, operation and maintenance of ISSDSs to all property
owners on an annual basis.
