[HISTORY: Adopted by the Board of Health
of the Township of Wyckoff as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-10-2015 by Ord. No. 88[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 214,
Sewage Disposal Systems, Individual, adopted 6-19-1961 by Ord. No.
22, as amended.
A code regulating the location, construction, use, maintenance
and method of emptying or cleaning individual sewage disposal systems
and the issuance of permits to locate, construct, empty or clean said
systems, and fixing penalties for the violation thereof, is hereby
adopted, by statutory authority N.J.S.A. 13:1D-1 et seq.; 26:3A2-21
et seq.; 58:10A-1 et seq., including 58:10A-16 and 58:11-23 et seq.
The said code established and adopted by this article is described
and commonly known as "Standards for Individual Subsurface Sewage
Disposal Systems" prepared by the New Jersey Department of Environmental
Protection, known as N.J.A.C. 7:9A, last amended April 2, 2012. The
code can be found on the New Jersey Department of Environmental Protection
website.
As used in this article, the following terms shall have the
meanings indicated:
The Board of Health having jurisdiction or its authorized
agent acting on its behalf.
A person licensed to practice professional engineering in
the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
A New Jersey licensed professional engineer who prepares
plans and specification for the construction or alteration of individual
subsurface sewage disposal systems.
The property owner of record of the land in which the septic
system is located and property being served.
[Amended 1-10-2019 by BOH. No. 93]
A.
No person shall locate, construct, repair or alter any individual
sewage disposal system until a permit for the location, construction,
repair or alteration of said sewage disposal system shall have been
issued by the Board of Health.
B.
Permittee shall schedule required inspections with the Board of Health
a minimum of 24 hours in advance of the requested inspection time.
Inspection items for septic system construction shall be dictated
by the Township Engineer and may include, but are not limited to the
following:
(1)
Silt fence and tree protection prior to permit issuance.
(2)
In place tank tightness test.
(3)
Old septic tank and pits pumped out ready for proper abandonment.
(4)
Open bed.
(5)
Suitable fill placement.
(6)
Disposal field with D-box and/or pump test with laterals fully exposed.
(7)
Septic tank baffles, filter, permanent noncorrosive tag, vents.
(8)
Electrical by UCC Subcode under separate permit.
(9)
Advanced treatment unit start up and final inspection.
C.
Failure to provide minimum required notice shall result in inspection
not being performed.
New individual disposal systems shall not be placed in operation,
nor shall new dwellings or buildings or additions thereto be occupied
nor title to said premises be conveyed which must rely on such a system
for sewage disposal, until the Board of Health shall have received
and accepted a certificate of compliance indicating that said disposal
system has been located and constructed in compliance with the terms
of the permit issued and the requirements of the aforesaid code. Said
certificate of compliance shall be issued by the septic system designer
on the state-approved forms together with the system as-built location
survey which shall include the system design criteria and bedroom
count.
Persons shall not engage in the business of emptying or cleaning
septic tanks, cesspools, privies or any place used for the reception
or storage of human excrement who do not hold a valid license to engage
in such business issued by the New Jersey Department of Environmental
Protection. A copy of such licenses shall be provided to the Board
of Health.
The Board of Health may order all further work in and about
any individual sewage disposal system which is being erected or installed
in violation of the code to be stopped forthwith, except such work
as shall be necessary to remedy such violation, and thereafter the
work continued without any violation of any of the provisions of the
code; and after issuance of any such order and the service of a copy
thereof upon any person connected with or working in and about the
erection or installation of any disposal system or any part thereof,
no further work shall be done thereon except as aforesaid.
A permit to construct an individual disposal system shall expire
one year after the date of issuance unless the permit is renewed upon
application, in writing, by the design engineer to the administrative
authority or its authorized agent and thereafter approved by the administrative
authority or its authorized agent. There shall be a re-review fee
for such an application to renew in the amount of $150.
A.
Any person or persons, firms, corporations or entities who shall violate any of the provisions of this article or any order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished by a fine of not more than $500. Each violation of any of the provisions of this article and each day that such violation shall continue shall be deemed to be a separate and distinct offense. Notwithstanding the above, violations of § 214-12, Protection of trees, shall only be subject to fines and penalties contained in § 214-12.
[Amended 4-13-2017 by Ord. No. BOH 89]
B.
In addition violations of any provision of this article shall be
a violation of the New Jersey Water Pollution Control Act, N.J.S.A.
58:10A-1 et seq., and the violator shall be subject to assessment
of civil administrative penalties pursuant to the provisions of N.J.A.C.
7:14-8.
C.
System maintenance.
(1)
If any septic system is determined by the administrative authority
to be malfunctioning in accordance with N.J.A.C. 7:9A-3.4, the administrative
authority shall issue an order to comply to the system owner by certified
mail and or hand delivery and order immediate steps to correct the
malfunction. In the case of sewage being released to the environment,
the system owner shall immediately cease use of water and engage a
licensed septic pumping contractor to pump the system to eliminate
sewage discharge to the environment.
(2)
The administrative authority shall require the system owner to engage
a septic system designer to evaluate the system and submit a report
of findings to the administrative authority no later than 10 calendar
days from the date of notice.
(3)
Any failed system must be regularly pumped to prevent sewage discharge
until such time as a permitted repair or alteration to the system
is performed, and pump records must be submitted to the administrative
authority. In no case shall said condition be permitted to continue
for more than 60 calendar days.
(4)
The administrative authority, in the interest of public health and
safety, shall have the right to order the water to be turned off to
the premises if the system owner fails to cooperate and immediately
cease the release of sewage to the environment.
(5)
The system owner shall be responsible for the proper cleanup and
disinfection of any property or lands contaminated by raw sewage.
All septic contractors are required to post with the Board of
Health a current certificate of insurance which indicates a minimum
of $1,000,000 coverage for property and liability damages, a current
New Jersey home improvement contractor registration and current NEHA
(National Environmental Health Association) certification for advanced
treatment systems, if applicable.
[Amended 4-13-2017 by Ord. No. BOH 92; 1-10-2019 by Ord. No. BOH 93]
A.
The following fees and charges are hereby established:
(1)
The fees for the filing of a septic application and engineering plans
for issuance of a permit for construction and inspection of a new,
expanded, repaired or altered individual sewage disposal system shall
be as follows: test hole(s) $150, plan review $325 and permit $200.
Said fees shall include re-inspection of an individual sewage disposal
system or part thereof caused by the failure of the permittee to locate
and construct the same in accordance with the requirements of the
permit or any written order of a duly authorized agent of the Board
Health.
[Amended 10-14-2021 by Ord. No. BOH 97]
(2)
To the extent any application, engineering data, plans and submissions submitted pursuant to Subsection A(1) are incomplete or deficient, a fee of $170 will be required for each additional review of the application upon resubmission.
[Amended 10-14-2021 by Ord. No. BOH 97]
(3)
The fee to clean or empty any receptacle used for the reception or
storage of human excrement or other putrescible matter shall be $10
per pump event and shall be recorded with the Board of Health.
(4)
The fee for septic component repairs which do not require the practice
of engineering shall be $100. Component repairs consist of baffles,
piping, tanks, covers, and mechanical components such as compressors
and pumps.
[Amended 10-14-2021 by Ord. No. BOH 97]
(5)
The Board of Health reserves the right to impose a reinspection fee
of $115 for each and every inspection scheduled by the permittee for
which the permittee is not ready upon arrival by the Township's inspector.
The reinspection fee shall be due and payable to the Township prior
to any further inspections being scheduled.
[Amended 10-14-2021 by Ord. No. BOH 97]
(6)
The Township Board of Health shall offer an expedited fee in the
amount of $500 for each urgent request to review a septic application
for permitting or final closeout of a completed septic system necessitated
by a real estate transaction. Provided all documents are complete
and satisfy the requirement of the State Septic Code, the expedited
review time shall be 48 hours from the time of receipt by the Board
of Health, excluding weekends and holidays.
[Amended 10-14-2021 by Ord. No. BOH 97]
B.
All fees shall be made payable to the Township of Wyckoff.
[Added 4-13-2017 by Ord. No. BOH 89]
A.
All applications for septic permits pursuant to this chapter shall
contain a landscaping plan which shall depict all existing and proposed
trees and vegetation, as well as the location and size of proposed
seepage pits and/or dry wells for the property and project. For purposes
of this section, a "tree" shall be defined as a deciduous or evergreen
plant having a diameter of six inches or greater as measured 4.5 feet
above the natural grade.
B.
Landscaping plans shall include:
(1)
All existing trees which measure six inches in diameter or greater
as measured at 4.5 feet above natural grade.
(2)
All trees proposed to be removed from the site.
(3)
All trees to be preserved on the site with tree preservation and
protection details clearly shown on the plan protecting such trees.
(4)
All trees located in the public right-of-way with details confirming
such trees will be protected and only removed with Township prior
written approval.
(5)
Soil erosion control measures, including silt fence and limit of
disturbance fencing.
C.
Prior to obtaining a septic permit, the Township Engineer and/or
Construction Official, hereinafter referred to as "Township Official,"
shall perform a site inspection to review the above listed. If in
the discretion of the Township Official the removal of certain trees
from the site is unnecessary or unwarranted, such trees shall be preserved
and protected and a revised landscape plan shall be submitted reflecting
such change.
D.
If the applicant disagrees with the Township Official's determination,
a letter of appeal may be sent to the Wyckoff Shade Tree Commission
for further review, and the Shade Tree Commission shall make a final
determination with regard to the treatment of such trees. Work may
be suspended by the Township Official until said matter is resolved.
E.
No trees designated to be preserved pursuant to the approved landscape
plan and issued permit and/or determination of the Shade Tree Commission
shall be removed or damaged.
F.
Failure of the owner and/or agent to comply with the terms and conditions
of the issued permit and approved landscape plan, including but not
limited to excavating and/or stockpiling soil within a tree protection
zone, shall constitute a violation.
G.
Prior to release of any permits, all soil erosion control measures,
tree protection fencing and limit of disturbance fencing shall be
installed to the satisfaction of the Township Official and shall be
maintained throughout the construction process.
H.
Penalties for violations of site plan and/or landscape plan.
(1)
If the property owner and/or property owner's agent violates any requirement of this § 214-12 which results in the loss of a tree(s), they shall be subject to a fine of $2,500 per lost tree. Such fine shall be payable through the Violations Bureau. In addition, the property owner shall further be required to replant trees on the property pursuant to the Township Official's direction and discretion. All violations of this section shall be subject to a stop-work order.
(2)
In addition, all other violations of this § 214-12 by the property owner and/or agent which do not result in the loss of a tree(s) shall result in a fine of $350 per violation to the property owner and/or agent. Such fine shall be payable through the Violations Bureau. Each day that the violation continues to exist shall constitute a new and separate violation of this section.
