Nothing in this chapter shall be construed to waive, obviate,
modify or otherwise exempt any covered development project, or any
person proposing or involved in such project, from the applicable
provisions of the municipal ordinances and any other regulations adopted
consistent with the Fair Housing Act to ensure opportunity for low-
and moderate-income housing. Neither shall the provisions of this
chapter be construed to waive or exempt projects that include such
housing, from adherence to the requirements of this chapter.
The requirements herein apply to proposed development activities
reliant upon installation of individual subsurface septic disposal
systems, regarding the proper operation, design, development, monitoring,
placement and maintenance of septic systems.
A. The design of septic systems shall be in compliance with the Standards
for Individual Subsurface Sewage Disposal Systems at N.J.A.C. 7:9A
and any applicable Board of Health ordinance and shall be subject
to approval of the Board of Health.
B. All applications shall demonstrate that the proposed plan incorporates
the applicable requirements of N.J.A.C. 7:9A with respect to soils
suitability, location, size, and separation distances.
C. All applications proposing new septic systems shall incorporate reserve
septic system disposal areas for each septic system, which are sufficient
with respect to soils suitability, location and size to meet the requirements
of N.J.A.C. 7:9A, to ensure the long-term viability of septic systems
in new development.
D. Any application proposing a new septic system (or systems) shall
be conditioned upon filing of a deed restriction(s) or deed notice(s)
protecting the delineated location(s) of the reserve septic system
disposal field(s), prohibiting the placement thereon of any permanent
structure(s), preserving the area (and its soils) for future installation
of a replacement disposal field, and requiring that it be shown on
all plans and referenced within any future applications for permits
or improvements to the property.
E. All new individual septic disposal systems shall be subject to any
applicable septic system management and maintenance requirements of
the Board of Health, including those established in the Board of Health
ordinance and in compliance with the standards for septic system maintenance
in the Water Quality Management Planning Rules, N.J.A.C. 7:15.
F. The application shall demonstrate compliance with any adopted Board
of Health ordinance(s) requiring the maintenance of existing and new
septic systems.
G. New development proposing to use septic systems shall be designed
in a manner that ensures that untreated well water meets state drinking
water quality standards for non-natural contaminants and minimizes
the risk of well contamination due to the flow of septic systems plumes
within or between developed lots, addressing general background water
quality and flow patterns, major fracture systems and other appropriate
geological, geophysical and hydrogeological issues.