[Ord. No. 09-12 § 35-1.1]
This section shall be known as and may be cited as the "Steep
Slope Regulations of the Township of Piscataway."
[Ord. No. 09-12 § 35-1.2]
a.
Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
b.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of waterbodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance steep slopes can have on water quality and quantity, and
the environmental integrity of landscapes.
c.
Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Township of Piscataway
(hereinafter "Township").
[Ord. No. 09-12 § 35-1.3]
The following words and phrases shall have those meanings reflected
below:
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, and includes porous
paving, paver blocks, gravel, crushed stone, decks, patios, elevated
structures, and other similar structures, surfaces, or improvements.
Shall mean the construction of structures or improvements
on areas which previously contained structures or other improvements.
Shall mean any slope equal to or greater than 20% as measured
over any minimum run of 10 feet. Steep slopes are determined based
on contour intervals of two feet or less.
[Ord. No. 09-12 § 35-1.4]
The percent of slope (rise in feet per horizontal distance)
shall be established by measurement of distance perpendicular to the
contour of the slope. The percent of slope shall be calculated for
each two foot contour interval. For example, any location on the site
where there is a one foot rise over a ten-foot horizontal run constitutes
a 10% slope; a 1.5 foot rise over a ten-foot horizontal run constitutes
a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes
a 20% slope.
[Ord. No. 09-12 § 35-1.5]
For Steep Slopes any disturbance shall be prohibited except
as provided below:
a.
Redevelopment within the limits of existing impervious surfaces;
and
b.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property, provided the hardship was not created by the property
owner, that would not permit a minimum economically viable use of
the property based upon reasonable investment. For example, redevelopment,
within the footprint of existing impervious cover should be allowed
to support efforts to revitalize development that has fallen into
disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20% or greater slope.
[Ord. No. 09-12 § 35-1.6]
[Ord. No. 09-12 § 35-1.7]
A prompt investigation shall be made by the appropriate personnel
of the Township of Piscataway of any person or entity believed to
be in violation hereof. If, upon inspection, a condition which is
in violation of this section is discovered, a civil action in the
Special Part of the Superior Court, or in the Superior Court, if the
primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil Part, by the filing and
serving of appropriate process. Nothing in this section shall be construed
to preclude the right of the Township of Piscataway, pursuant to N.J.S.A.
26:3A2-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this section shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
section. Each day a violation continues shall be considered a separate
offense.
[Ord. No. 09-12 § 35-1.8]
a.
Maximum Penalty. For violation of any provision of this section,
the maximum penalty upon conviction of the violation shall be one
or more of the following: (a) imprisonment in the County Jail or in
any place provided by the Township for detention of prisoners for
a term not exceeding 60 days; or (b) a fine not exceeding $2,000.
b.
Separate Violations. Each instance of engaging in a separate regulated
activity in violation of this section shall be deemed a separate offense.
Similarly, each and every day in which a violation of any provisions
of this section shall constitute a separate violation.
c.
In addition, the Township may institute civil action for injunctive
or other relief to enforce the provision of this section.
[Ord. No. 09-12 § 35-2.1]
This section shall be known as and may be cited as the "Riparian
Zone Regulations of the Township of Piscataway."
[Ord. No. 09-12 § 35-2.2]
a.
The Governing Body of the Township of Piscataway (hereinafter "Township")
finds that riparian lands adjacent to streams, lakes, or other surface
water bodies that are adequately vegetated provide an important environmental
protection and water resource management benefit. It is necessary
to protect and maintain the beneficial character of riparian areas
by implementing specifications for the establishment, protection,
and maintenance of vegetation along the surface water bodies within
the jurisdiction of the Township, consistent with the interest of
landowners in making reasonable economic use of parcels of land that
include such designated areas. The purpose of this section is to designate
riparian zones, and to provide for land use regulation therein in
order to protect the streams, lakes, and other surface water bodies
of the Township; to protect the water quality of watercourses, reservoirs,
lakes, and other significant water resources within the Township;
to protect the riparian and aquatic ecosystems of the Township; to
provide for the environmentally sound use of the land resources of
the Township, and to complement existing State, regional, County,
and municipal stream corridor protection and management regulations
and initiatives.
b.
The specific purposes and intent of this section are to:
1.
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township;
2.
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and gentrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
3.
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
4.
Provide for the availability of natural organic matter (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
5.
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
6.
Maintain base flows in streams and moisture in wetlands;
7.
Control downstream flooding; and
8.
Conserve the natural features important to land and water resources,
e.g., headwater areas, ground water recharge zone, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
c.
Statutory Authority. The Township is empowered to regulate land uses
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., which authorizes each municipality to plan and regulate
land use in order to protect public health, safety and welfare by
protecting and maintaining native vegetation in riparian areas. The
Township is also empowered to adopt and implement this section under
provisions provided by the following legislative authorities of the
State of New Jersey:
1.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
2.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
3.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
4.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
5.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[Ord. No. 09-12 § 35-2.3]
The following words and phrases shall have those meanings reflected
below:
Shall mean soils that contain geologic deposits of iron sulfide
minerals (pyrite and marcasite) which, when exposed to oxygen from
the air or from surface waters, oxidize to produce sulfuric acid.
Acid producing soils, upon excavation, generally have a pH of 4.0
or lower. After exposure to oxygen, these soils generally have a pH
of 3.0 or lower. Information regarding the location of acid producing
soils in New Jersey can be obtained from local Soil Conservation District
offices.
Shall mean the Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to Statute or ordinance.
Shall mean a person, corporation, government body or other
legal entity applying to the Planning Board, Board of Adjustment or
the Construction Office proposing to engage in an activity that is
regulated by the provisions of this ordinance, and that would be located
in whole or in part within a regulated Riparian Zone.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
Shall mean those waters not designated as Outstanding Natural
Resource waters or Category One waters in the Surface Water Quality
Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation
policies set forth in those standards.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated there under published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
Shall mean a surface water body with definite bed and banks
in which there is not a permanent flow of water and shown on the New
Jersey Department of Environmental Protection Geographic Information
System (GIS) hydrography coverages or, in the case of a Special Water
Resource Protection Area (SWRPA) pursuant to the Stormwater Management
rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Shall mean any surface water body shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys; that is an impoundment, whether
naturally occurring or created in whole or in part by the building
of structures for the retention of surface water. This excludes sedimentation
control and stormwater retention/detention basins and ponds designed
for treatment of wastewater.
Shall mean a surface water body that flows continuously throughout
the year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
Shall mean the land and vegetation within and directly adjacent
to all surface water bodies including, but not limited to lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys. There is no riparian zone along the Atlantic Ocean nor along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
Shall mean a plan approved by the Engineer of the Township
of Piscataway. The plan shall be prepared by a landscape architect,
professional engineer or other qualified professional, and shall evaluate
the effects of any proposed activity/uses on any riparian zone. The
plan shall identify existing conditions, all proposed activities,
and all proposed management techniques, including any measures necessary
to offset disturbances to any affected riparian zone.
Shall mean a 300-foot area provided on each side of a surface
water body designated as C1 waters or tributary to C1 waters that
is a perennial stream, intermittent stream, lake, pond, or reservoir,
as defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Shall mean any perennial stream, intermittent stream, lake,
pond, or reservoir, as defined herein. In addition, any regulated
water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2,
or State open waters identified in a Letter of Interpretation issued
under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3
by the New Jersey Department of Environmental Protection Division
of Land Use Regulation shall also be considered surface water bodies.
Shall mean a species identified pursuant to the Endangered
and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the
Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et
seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and
any subsequent amendments thereto.
Shall mean a section of water designated as trout maintenance
in the New Jersey Department of Environmental Protection's Surface
Water Quality Standards at N.J.A.C. 7:9B.
Shall mean a section of water identified as trout production
in the New Jersey Department of Environmental Protection's Surface
Water Quality Standards at N.J.A.C. 7:B.
[Ord. No. 09-12 § 35-2.4]
a.
Riparian zones adjacent to all surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
1.
The riparian zone shall be 300 feet wide along both sides of any
C1 water, and all upstream tributaries situated within the same HUC
14 watershed. This includes Special Water Resource Protection Area's
or SWRPA's as defined herein and shown on the USGS quadrangle
map or in the County Soil Surveys within the associated HUC 14 drainage,
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
2.
The riparian zone shall be 150 feet wide along both sides of the
following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including
tributaries);
(b)
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the surface water body;
(c)
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the surface water body
for survival, and all upstream waters (including tributaries) within
one linear mile as measured along the length of the surface water
body; and
(d)
Any segment of a surface water body flowing through an area
that contains acid producing soils.
3.
For all other surface water bodies, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
b.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a surface water body, the portion of the riparian
zone outside the surface water body is measured landward as follows:
1.
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's centerline;
2.
Along a non-linear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit;
3.
Along a non-linear tidal water, such as a bay or inlet, the riparian
zone is measured landward of the mean high water line; and
4.
Along an amorphously-shaped feature such as a wetland complex, through
which water flows but which lacks a definable channel, the riparian
zone is measured landward of the feature's centerline.
Where slopes (in excess of 15%) are located within the designated
riparian zone widths, the riparian zone shall be extended to include
the entire distance of this sloped area to a maximum of 300 feet.
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in subsection 35-2.4a1 or subsection 35-2.4a2, above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be requested from the New Jersey Department of Environmental Protection for consideration if site specific information is available.
c.
A riparian zone is an overlay to the existing zoning districts. The
provisions of the underlying zoning district shall remain in full
force except where the provisions of the riparian zone differ from
the provisions of the underlying district, in which case the provision
that is more restrictive shall apply. These provisions apply to land
disturbances resulting from or related to any activity or use requiring
application for any of the following permits or approvals:
Building permit;
Zoning variance;
Special exception;
Conditional use;
Subdivision/land development approval; and
Site plan.
d.
It shall be the duty of the Engineer of the Township of Piscataway, every second year after the adoption of this chapter, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under subsection 35-2.11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
e.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to the Township
of Piscataway in conjunction with an application for a construction
permit, variance, site plan, subdivision, land development, or other
improvement that requires plan submissions or permits. This initial
determination shall be subject to review and approval by the Municipal
Engineer, Governing Body, or its appointed representative, and, where
required, by the New Jersey Department of Environmental Protection.
f.
The municipal Master Plan provides the legal basis for zoning and
land use regulation at the local level. The technical foundation for
local riparian zones in this municipality should be incorporated into
the Master Plan. A technical report on the need for riparian zones
in the Township of Piscataway may be adopted as part of the Master
Plan, N.J.S.A. 40:55D-28b(11). The technical report should include
the following information: a statement setting forth the rationale
and need to protect riparian zones; and reference to the methods used
to designate and delineate riparian zones.
g.
Exemptions. In lieu of meeting the riparian zone protection requirements
above, an applicant must demonstrate compliance with one of the following:
1.
The proposed project or activity is not in the riparian zone established at subsection 35-2.4a above;
2.
The proposed disturbance in a riparian zone is for a linear development
with no feasible alternative route. If the riparian zone is associated
with Category One waters, the linear development must also meet the
requirements for Special Water Resource Protection Areas under the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
3.
The proposed disturbance in a riparian zone is in accordance with
a stream corridor restoration or stream bank stabilization plan or
project approved by the New Jersey Department of Environmental Protection;
4.
The proposed disturbance of a riparian zone is necessary to provide
for public pedestrian access or water dependent recreation that meets
the requirements of the Freshwater Wetlands Protection Act rules,
N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13,
or the Coastal Zone Management rules, N.J.A.C. 7:7E;
5.
The proposed disturbance of a riparian zone is required for the remediation
of hazardous substances performed with New Jersey Department of Environmental
Protection or Federal oversight pursuant to the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11, et seq. or the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. §§ 9601 et seq.;
6.
The proposed disturbance is for redevelopment that does not exceed
the limits of existing impervious surfaces;
7.
The proposed disturbance would prevent extraordinary hardship on
the property owner peculiar to the property, provided the hardship
was not created by the property owner, that would not permit a minimum
economically viable use of the property based upon reasonable investment;
and/or
8.
Demonstrate through site plans depicting proposed development and
topography that new disturbance is not located in areas with a 20%
or greater slope, except as allowed under paragraphs g6 and g7 above.
[Ord. No. 09-12 § 35-2.5]
a.
For riparian zones in Category One waters, permitted uses are governed
by the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the
Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise
exempt.
b.
Any other riparian zone area shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this ordinance (Ord. No. 09-12 was adopted
on 3/24/09.) may be restored to a natural condition. There shall be
no clearing or cutting of trees and brush, except for removal of dead
vegetation and pruning for reasons of public safety or for the replacement
of invasive species with indigenous species. There shall be no altering
of watercourses, dumping of trash, soil, dirt, fill, vegetative or
other debris, regrading or construction. The uses set forth below
in paragraphs b1 - 4, are permitted either by right or after review
and approval by the municipality in riparian zones. No new construction,
development, use, activity, encroachment, or structure shall take
place in a riparian zone, except as specifically authorized in this
section. The following uses shall be permitted within a riparian zone.
1.
Open space uses that are primarily passive in character shall be
permitted by right to extend into a riparian zone, provided near stream
vegetation is preserved.
These uses do not require approval by the Zoning Enforcement
Officer or compliance with an approved Riparian Zone Management Plan.
Such uses include wildlife sanctuaries, nature preserves, forest preserves,
fishing areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding structures.
Such uses also include passive recreation areas of public and private
parklands, including unpaved hiking, bicycle and bridle trails, provided
that said trail have been stabilized with pervious materials.
2.
Fences, for which a permit has been issued by the Construction Code
Office, to the extent required by applicable law, rule or regulation.
3.
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, storm water lines, sanitary sewer lines, water lines and
public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the Zoning Enforcement Officer, provided that any applicable
State permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved Riparian Zone
Management Plan and that the area of the crossing is stabilized against
significant erosion due to its use as a crossing.
4.
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved Riparian Zone Management Plan, or
wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to approval by the
Zoning Enforcement Officer and subject to compliance with an approved
Riparian Zone Management Plan.
[Ord. No. 09-12 § 35-2.6]
a.
All encroachments proposed into riparian zones in C1 waters shall
comply with the requirements of the Stormwater Management rule at
N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C.
7:13, and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt.
b.
For all other riparian zones, the following conditions shall apply:
1.
All new major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the riparian zone to accommodate
primary structures, any normal accessory uses appurtenant thereto,
as well as all planned lawn areas.
2.
Portions of lots within the riparian zone must be permanently restricted
by deed or conservation easement held by the Township of Piscataway,
its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the office of the Clerk of Middlesex
County must be submitted to the Township. The applicant shall not
commence with any project or activity prior to making this submittal
and receiving actual written approval of the plan modification and
receipt of any applicable permits from the New Jersey Department of
Environmental Protection. The recorded conservation restriction shall
be in the form approved by the Township Director of Law and shall
run with the land and be binding upon the property owner and the successors
in interest in the property or in any part thereof. The conservation
restriction may include language reserving the right to make de minimus
changes to accommodate necessary regulatory approvals upon the written
consent of the Township, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction. The recorded
conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
Township. The flags or stakes shall be numbered and identified on
the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the Middlesex County Clerk.
3.
Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any minor or major subdivision or minor or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in subsection 35-2.10.
4.
For building lots which exist as of the date of adoption of this
ordinance, (Ord. No. 09-12 was adopted on 3-24-2009) but for which
a building permit or a preliminary site plan approval has not been
obtained or is no longer valid, the required minimum front, side,
and rear setbacks may extend into the riparian zone, provided that
a deed restriction and/or conservation easement is recorded which
prohibits clearing or construction in the riparian zone.
5.
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard for Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).
6.
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in subsection 35-2.6b5 then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
[Ord. No. 09-12 § 35-2.7]
Nonconforming structures and uses of land within the riparian
zone are subject to the following requirements:
a.
Legally existing but nonconforming structures or uses may be continued.
b.
Any proposed enlargement or expansion of the building footprint within
the riparian zone of C1 waters shall comply with the standards in
the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
c.
For all other riparian zones:
1.
Encroachment within the riparian zone shall only be allowed where
previous development or disturbance has occurred and shall be in conformance
with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
2.
Existing impervious cover shall not be increased within the riparian
zone as a result of encroachments where previous development or disturbances
have occurred.
3.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under subsection 35-2.2, than the existing or former nonconforming use. This one-year period shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this ordinance. (Ord. No. 09-12 was adopted on 3-24-2009
[Ord. No. 09-12 § 35-2.8]
a.
Any use within a riparian zone of C1 waters shall comply with the
standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h)
and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b.
For other riparian zones, any use or activity not specifically authorized in subsection 35-2.5 or subsection 35-2.7 shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
1.
Removal or clear-cutting of trees and other vegetation or soil disturbance
such as grading, except for selective vegetation removal for the purpose
of stream or riparian area stabilization or restoration projects that
require vegetation removal or grading prior to implementation.
2.
Storage of any hazardous or noxious materials.
3.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
5.
Motor or wheeled vehicle traffic in any area, except as permitted
by this section.
6.
Parking lots.
7.
Any type of permanent structure, except structures needed for a use permitted by subsection 35-2.5.
8.
New subsurface sewage disposal system areas. The expansion and replacement
of existing subsurface sewage disposal system areas for existing uses
is permitted.
9.
Residential grounds or lawns, except as otherwise permitted pursuant
to this section.
[Ord. No. 09-12 § 35-2.9]
a.
For riparian zones in C1 waters, requests for exemptions must be
authorized by the New Jersey Department of Environmental Protection,
as per the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and
the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b.
For other riparian zones, hardship variances may be granted by the
Zoning Board of Adjustment in cases of a preexisting lot (existing
at the time of adoption of this ordinance; Ord. No. 09-12 was adopted
on 3/24/09) when there is insufficient room outside the riparian zone
for uses permitted by the underlying zoning and there is no other
reasonable or prudent alternative to placement in the riparian zone,
including obtaining variances from setback or other requirements that
would allow conformance with the riparian zone requirements, and provided
the following demonstrations are made:
1.
An applicant shall be deemed to have established the existence of
an extreme economic hardship, if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this ordinance
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
(a)
Do not apply to or affect other property in the immediate vicinity;
(b)
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and are not the result of any
action or inaction by the applicant or the owner or his predecessors
in title.
(c)
The necessity of acquiring additional land to locate development
outside the riparian zone shall not be considered an economic hardship
unless the applicant can demonstrate that there is no adjacent land
that is reasonably available or could be obtained, utilized, expanded
or managed in order to fulfill the basic purpose of the proposed activity.
2.
An applicant shall be deemed to have established compelling public
need if the applicant demonstrates, based on specific facts that one
of the following applies:
3.
A variance can only be granted if it is shown that the activity is
in conformance with all applicable local, State, and Federal regulations,
including but not limited to the Stormwater Management rules, N.J.A.C.
7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and
that the exception granted is the minimum relief necessary to relieve
the extreme economic hardship.
c.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in subsection 35-2.10 below.
[Ord. No. 09-12 § 35-2.10]
a.
Within any riparian zone, no construction, development, use, activity,
or encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
Riparian Zone Management Plan.
b.
The landowner, applicant, or developer shall submit to the Director
of Community Development, or his/her appointed representative, a Riparian
Zone Management Plan prepared by an environmental professional, professional
engineer or other qualified professional which fully evaluates the
effects of any proposed uses on the riparian zone. The Riparian Zone
Management Plan shall identify the existing conditions including:
1.
Existing vegetation;
2.
Field delineated surface water bodies;
3.
Field delineated wetlands;
4.
The 100-year floodplain;
5.
Flood Hazard Areas, including floodway and flood fringe areas, as
delineated by the New Jersey Department of Environmental Protection;
6.
Soil classifications as found on Soil Surveys;
7.
Existing subdrainage areas of site with HUC (Hydrologic Unit Code)
14 designations;
8.
Slopes in each subdrainage area segmented into sections of slopes
less than 15%; above 15% but less than 20%; and steep slopes greater
than 20%. The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
a riparian zone, and all proposed management techniques, including
proposed vegetation and any other measures necessary to offset disturbances
to the riparian zone. A discussion of activities proposed as well
as management techniques proposed to offset disturbances and/or enhance
the site to improve the riparian zone's ability to function effectively
as a riparian zone shall also be included with the Riparian Zone Management
Plan submittal to the Township of Piscataway.
c.
The Plan shall be reviewed and must be approved by the Engineer of
the Township of Piscataway, in consultation with the Township Environmental
Commission, as part of the land development process.
d.
The. Riparian Zone Management Plan must include management provisions
in narrative and/or graphic form specifying:
1.
The manner in which the area within the riparian zone will be owned
and by whom it will be managed and maintained.
2.
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
3.
The professional and personnel resources that are expected to be
necessary, in order to maintain and manage the riparian zone.
4.
A revegetation plan, if applicable, that includes: three layers of
vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that when fully mature, will form an
overhead canopy. Vegetation selected must be native, non-invasive
species, and consistent with the soil, slope and moisture conditions
of the site. The revegetation plan shall be prepared by a qualified
environmental professional, landscape architect, or professional engineer,
and shall be subject to the approval of the Engineer of the Township,
in consultation with the Township Environmental Commission. Dominant
vegetation in the Riparian Zone Management Plan shall consist of plant
species that are suited to the riparian zone environment. The Engineer
of the Township may require species suitability to be verified by
qualified experts from the Soil Conservation District, Natural Resources
Conservation Service, New Jersey Department of Environmental Protection,
US Fish and Wildlife Service and/or State or Federal forest agencies.
e.
A Riparian Zone Management Plan is not required where the riparian
zone is not being disturbed and conservation easements/deed restrictions
are recorded to ensure there will be no future clearing or disturbance
of the riparian zone.
f.
Performance of the Riparian Zone Management Plan shall be guaranteed
for four years by a surety, such as a bond, cash or letter of credit,
which shall be provided to the Township prior to the Township issuing
any permits or approving any uses relating to the applicable use or
activity.
[Ord. No. 09-12 § 35-2.11]
a.
When a landowner or applicant disputes the boundaries of a riparian
zone, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Township Engineer that describes the
riparian zone, presents the landowner or applicant's proposed
riparian zone delineation, and presents all justification for the
proposed boundary change, including but not limited to, a verification
issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6,
or an approval from the New Jersey Department of Environmental Protection
to encroach within the Special Water Resource Protection Area (SWRPA)
of a C1 water pursuant to the Stormwater Management rules at N.J.A.C.
7:8-5.5(h)1 ii.
b.
Within 45 days of a complete submission of subsection 35-2.11a, above, the Engineer of the Township, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Director of Community Development and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
c.
Any party aggrieved by any such determination or other decision or determination under subsection 35-2.11b may appeal to the Township Engineer under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
d.
Any party aggrieved by any determination or decision of the Township
Engineer under this section may appeal to the Township Council. The
party contesting the determination or decision shall have the burden
of proof in case of any such appeal.
e.
Inspections:
1.
Lands within or adjacent to an identified riparian zone shall be
inspected by the Engineering Division when:
2.
The riparian zone may also be inspected periodically by representatives
from the Township if excessive or potentially problematic erosion
is present, other problems are discovered, or at any time when the
presence of an unauthorized activity or structure is brought to the
attention of municipal officials or when the downstream surface waters
are indicating reduction in quality.
[Ord. No. 09-12 § 35-2.12]
A prompt investigation shall be made by the appropriate personnel
of the Township, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this section is discovered, a civil action in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this section shall be construed to preclude the
right of the Township, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court. The violation of any
section or subsection of this section shall constitute a separate
and distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this section. Each
day a violation continues shall be considered a separate offense.
[Ord. No. 09-12 § 35-2.13]
a.
Maximum Penalty. For violation of any provision of this section,
the maximum penalty upon conviction of the violation shall be one
or more of the following: (a) imprisonment in the County Jail or in
any place provided by the Township for detention of prisoners for
a term not exceeding 60 days; or (b) a fine not exceeding $2,000.
b.
Separate Violations. Each instance of engaging in a separate regulated
activity, in violation of this section shall be deemed a separate
offense. Similarly, each and every day in which a violation of any
provisions of this section shall constitute a separate violation.
c.
In addition, the Township may institute civil action for injunctive
or other relief to enforce the provision of this section.
[Ord. No. 09-12 § 35-3.1]
This section shall be known as and may be cited as the "Subsurface
Sewage Disposal System Management Regulations of the Township of Piscataway."
[Ord. No. 09-12 § 35-3.2]
a.
It is found and declared that:
1.
Individual and non-individual on-site subsurface sewage disposal
systems are in use within the Township of Piscataway (hereinafter
"Township").
2.
Subsurface sewage disposal systems of existing systems have malfunctioned
even when the systems have been designed, constructed, and sited in
accordance with applicable standards, largely due to lack of proper
system management or improper operation and maintenance. These malfunctions
have been shown to adversely affect public health and welfare and
the environment. Such systems constitute a potential source of pollution
of ground and surface waters, contamination of potable water supplies,
foul odors, nuisance problems and other hazards to public health.
3.
It is determined to be in the interest of public health, safety and
welfare that no new such systems be installed and that there is a
need to establish provisions to regulate the management of such existing
systems to protect the public against system failures and resultant
pollution.
4.
The licensing provisions contained in this section are necessary
to protect the public health safety and welfare and it is therefore
necessary to exceed the provisions contained in N.J.A.C. 7:9A-1 et
seq. This is hereby declared to be a "special ordinance" in accordance
with N.J.A.C. 7:9A-3.1(b) and shall be forwarded to the New Jersey
Department of Environmental Protection within 10 days of adoption.
b.
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1, it is
the purpose of this section:
1.
To establish a management program for individual and non-individual
subsurface sewage disposal systems in the Township of Piscataway in
order to ensure the proper operation and maintenance of such systems.
This section requires existing, new and proposed individual and non-individual
subsurface sewage disposal systems to be pumped out at least once
every three years in order to minimize future malfunctions of such
systems.
2.
To regulate individual and non-individual subsurface sewage disposal
systems in the program area in such a way as to protect public health
and welfare and the environment, and to provide for a means of educating
owners/operators, as defined herein, in the characteristics of such
systems and the proper procedures for altering, operating and maintaining
them.
3.
To develop a management program to maintain records and manage systems
in the program area.
4.
To promote and assure the proper management and maintenance of individual
and non-individual sewage disposal systems through time.
[Ord. No. 09-12 § 35-3.3]
All definitions given in Subchapter 2 (N.J.A.C. 7:9A-2.1 et
seq.) of the New Jersey Department of Environmental Protection (NJDEP)
Standards for the Construction of Individual Subsurface Sewage Disposal
Systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto ("NJDEP
Regulations") are hereby incorporated into this section, with the
following additions:
Shall mean the use or direction of waste water to a system
after the adoption date of this ordinance. For renewal licenses, this
term shall mean: the use or direction of waste water to a system at
any time during the period of the license.
Shall mean the Board of Health of the Township.
Shall mean an educational program consisting of educational
materials prepared and administered by the Board of Health regarding
the fundamentals of individual and non-individual subsurface sewage
disposal systems and the proper procedures for the operation and maintenance
of such systems. The educational program shall be deemed to be in
accordance with N.J.A.C. 7:9A-3.14.
Shall mean the Health Officer of the Township of Piscataway
or his/her designee.
Shall mean an individual subsurface sewage disposal system,
as defined at N.J.A.C. 7:9A-2.1, serving a single family detached
residential housing unit.
Shall mean any person, firm or corporation which has been
duly examined by the Enforcing Official and found qualified to pump
out an individual or non-individual subsurface sewage disposal system,
and who has been issued a license.
Shall mean an on-site subsurface sewage disposal system serving
a property other than a single family home. Such systems include but
are not limited to those systems defined in N.J.A.C. 7:9A-1.8(C)2.
Typical examples include but are not limited to: commercial buildings,
restaurants, food establishments, commercial/residential mixed uses,
and systems servicing multiple units.
Shall mean a license issued to an applicant pursuant to this
section for the operation of an individual or non-individual subsurface
sewage disposal system.
Shall mean the person who owns or leases the realty upon
which an individual or non-individual subsurface sewage disposal system
is located and/or the person who uses or operates this system. The
owner of the realty and the operator of the system, if different,
are jointly and severally liable for the obligations imposed by this
section.
Shall mean a sketch drawn by the owner/operator, or agent
on their behalf, showing the type (if known) and location of the individual
or non-individual subsurface sewage disposal system servicing the
property, as well as the location and type of any on-site water supply.
All plots shall be drawn to scale and list the dimensions used.
Shall mean any fixed or mobile restaurant; coffee shop; cafeteria;
short order cafe; luncheonette; grill; tearoom; sandwich shop; soda
fountain; tavern; bar; cocktail lounge; night club; roadside stand;
industrial feeding establishment; private, public, or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market, or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge.
Shall mean an individual or non-individual subsurface sewage
disposal system, including all of the component parts thereof.
[Ord. No. 09-12 § 35-3.4]
a.
Scope. The owner and/or occupant of any realty improvement serviced
by an individual or non-individual on-site subsurface sewage disposal
system located in the Township shall be subject to all of the requirements
of this chapter.
b.
Applicability. No person within the Township shall operate an individual
or non-individual subsurface sewage disposal system unless such construction,
installation, alteration, maintenance or operation is in accordance
with all applicable sanitary regulations and this section.
c.
Exemptions. Any system not in active use shall be exempted from this
section. The Board of Health may require an owner or operator of a
system seeking exemption under this section to submit proof in the
form acceptable to the Board so as to qualify for this exemption.
[Ord. No. 09-12 § 35-3.5]
a.
Requirements for License. On and after the effective date of this
ordinance, (adopted by Ord. No. 09-12 on 3-24-2009) no owner or occupant
of a property in the Township upon which an individual or nonindividual
subsurface sewage disposal system is located shall use or operate
the system unless a currently valid license to operate the system
has been issued by the Board of Health in accordance with the schedule
herein to the owner of the property on which the system is located.
1.
The Board of Health or its designee may issue a license to operate
and provide educational information relative to the proper operation
and maintenance practices (pursuant to N.J.A.C. 7:9A-3.14) to the
owner and occupant of a property upon one or more of the following
events:
(a)
Issuance of a certificate of compliance for a new system.
(b)
Issuance of a certificate of compliance for the alteration of
a system.
(c)
For all existing individual and non-individual sewerage disposal
systems in accordance with a phased in date for existing systems based
upon confirmation of a malfunction and/or repair.
2.
All licenses issued pursuant to this section shall be on a form provided by the Board of Health. Once issued, a license shall be transferable upon change of ownership or occupancy of the property for which the license has been issued. A fee as provided in subsection 35-3.11 thereof shall accompany each application for a license or renewal. The initial application for a license shall include a plot plan showing the location of the septic system (both the tank and the disposal area) and of any private water source on the property. The plot plan shall also include the general location, if known, of any wells, and septic systems on adjoining properties.
b.
Expiration/Renewal. The license to operate shall expire three years
after issuance. The Board of Health shall notify the licensee or its
designee at least 60 days before the license expires and shall be
directed to apply for a renewal of the license. The renewal notice
shall include educational materials relative to the proper operation
and maintenance practice for such systems in accordance with N.J.A.C.
7:9A-3.14.
1.
Requirements for Renewal. The Board of Health or its designee shall
not renew the license unless the licensee has submitted the following
to the Board of Health or its designee:
(a)
Evidence that the septic tank (or in the case of an alternate system, the comparable component of such system) has been pumped by a licensed septic sludge removal operator as required by subsection 35-3.7 of this section; or
(b)
Submission of a Septic System Inspection Report to the Board
of Health indicating that the system has been maintained; is not in
need of pumping; and is functioning in conformance with the requirements
of this section. The form shall be prepared and completed by:
(c)
Any such inspection under this section, shall include but not
be limited to the following:
c.
Suspension of License. The Board of Health or its designee may suspend
or revoke the license to operate in the following circumstances:
1.
It has been determined that the system is malfunctioning based upon
criteria provided for in N.J.A.C. 7:9A-3.4(a) and the licensee fails
to take steps to correct said malfunction as directed by the Board
of Health or its designee;
2.
The owner or occupant of the premises served by the system violates
any provision of this chapter with respect to operation and maintenance
of the system; or
3.
The owner or occupant of the premises served by the system denies
the right of entry to the Board of Health or its designee, or to the
New Jersey Department of Environmental Protection (NJDEP), as required
in N.J.A.C. 7:9A-3.19, or in any way interferes with the administration
or enforcement of this section.
d.
Modified Term of License. The Board of Health may on its own motion,
upon notice and opportunity to the property owner or operator for
a hearing, or upon application of a property owner or system operator,
alter the time period of a license to operate. The Board of Health
may consider the following factors in determining that a more frequent
licensing renewal or pumping/inspection schedule may be necessary:
1.
Limited size of the septic tank or disposal field;
2.
The fact that the existing system may be a cesspool;
3.
The age of the system;
4.
Past history of malfunction or other non-compliance;
5.
Location of the existing system in a flood hazard, wetland area,
wetland transition zone or other environmentally sensitive area;
6.
Proximity of the system to a well or water body,
e.
Special Licensing Provisions for Retail Food Handling Establishments.
The license to operate for a retail food handling establishment shall
expire one year after issuance or one year from the date of the documented
pumpout, whichever comes first. The owner of said establishment shall
have the right to apply to the Board of Health for a longer license
renewal period, but in no case shall the license renewal period exceed
three years. In considering any such application the Board of Health
may consider the establishment's demonstrated compliance history
of management of the system.
[Ord. No. 09-12 § 35-3.6]
a.
General.
1.
The subsurface sewage disposal system shall be used only for the
disposal of wastes of the type and origin provided for in the approved
engineering design. No permanent or temporary connection shall be
made to any source of wastes, waste water or clean water other than
those plumbing fixtures which are normally present within the type
of facility indicated in the approved engineering design.
2.
Drainage from basement floors, footings or roofs shall not enter
the sewage disposal system and shall be diverted away from the area
of the disposal field.
3.
As set forth in N.J.S.A. 58:10A-17, no person shall use or introduce
or cause any other person to use or introduce into any sewage water
disposal system any sewage system cleaner containing any restricted
chemical material.
4.
Disposal of materials containing toxic substances into a subsurface
sewage disposal system is prohibited. Materials containing toxic substances
include, but are not limited to, waste oil (other than cooking oil),
oil based or acrylic paints, varnishes, photographic solutions, pesticides,
insecticides, paint thinners, organic solvents or degreasers and drain
openers.
5.
Inert or non-biodegradable substances should not be disposed of in
the subsurface sewage disposal system. Such substances include, but
are not limited to, disposable diapers containing plastic, cat box
litter, coffee grounds, cigarette filters, sanitary napkins, facial
tissues and wet-strength paper towels.
6.
Large quantities of cooking greases or fats shall not be discharged
into systems not equipped with a grease trap designed and constructed
as prescribed in N.J.A.C. 7:9A-8.1.
7.
Major plumbing leaks shall be repaired promptly to prevent hydraulic
overloading of the system.
8.
Vehicle traffic and vehicular parking shall be prohibited over the
components of the system, unless the system has been specifically
designed to support vehicular traffic and parking.
b.
Disposal Field Maintenance.
1.
The area of the disposal field shall be kept free of encroachments
from decks, pools, sprinkler systems, driveways, patios, accessory
buildings, additions to the main building and trees or shrubbery whose
roots may cause clogging of any part of the system.
2.
Grading shall be maintained in a condition that will promote run-off
of rainwater and prevent ponding.
3.
All drainage from roofs, footing drains, ditches or swales shall
be diverted away from the disposal field.
4.
Vegetation shall be maintained to prevent soil erosion.
5.
Vehicle traffic and vehicular parking shall be prohibited over the
components of the system, unless the system has been specifically
designed to support vehicular traffic.
c.
Abandoned Systems.
1.
When it is necessary to abandon a system or components of a system,
all septic tanks, dosing tanks, seepage pits, dry wells and cesspools
which are to be abandoned shall be emptied of wastes and removed or
filled completely with sand, gravel, stones or soil material in a
manner which is acceptable to the Board of Health or its designee.
2.
Except when done as part of or in conjunction with an alteration,
a permit must be obtained from the Board of Health prior to abandoning
a septic system or component of a septic system.
d.
Additional Inspection and Maintenance Requirements for Systems with
Grease Traps.
1.
Grease traps shall be inspected and cleaned out at a frequency adequate
to prevent the volume of grease from exceeding the grease retention
capacity. Grease shall be removed whenever 75% of the grease retention
capacity has been reached.
2.
Pumping of grease traps shall be performed by a solid waste hauler
registered with the NJDEP in accordance with the requirements of N.J.A.C.
7:26-3.1.
3.
Equipment used in the pumping of grease traps shall meet the following
requirements:
(a)
Mobile tanks shall be securely mounted on trucks or trailers,
shall be watertight and provided with a leak-proof cover and shall
be vented to permit the escape of gases but not the liquid or solid
contents of the tank.
(b)
Pumps and hoses shall be maintained and operated in a condition
that will prevent the leakage of sewage.
(c)
Equipment shall be available to permit accurate measurement
of the volume of grease in relation to the grease retention capacity
of the grease trap.
(d)
Pumping of grease traps shall be conducted in such a manner
that the entire contents of the grease trap including both liquids
and solids are removed.
(e)
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
(f)
Grease and other waste materials removed from grease traps shall
be disposed of in accordance with the requirements of the Statewide
Sludge Management Plan adopted pursuant to N.J.S.A. 13:1E-1 et seq.
and N.J.S.A. 7:11A-1 et seq. as well as any other applicable State
or local rules, regulations, ordinances or directives.
[Ord. No. 09-12 § 35-3.7]
a.
Any person, partnership, firm or corporation who empties, relieves or pumps out all or a portion of an individual or non-individual sewage disposal system within the Township shall first apply to the Board of Health to become a licensed septic sludge removal operator. The applicant shall be a solid waste hauler registered with the NJDEP in accordance with the requirements of N.J.A.C. 7:26-3.c. Any such license shall be for a term of one year and shall be subject to the payment of a fee as provided in subsection 35-3.11 of this section.
b.
The septic sludge removal operator shall furnish a receipt and deliver
one copy to the property owner and one copy to the Board of Health
within 72 hours of the time that the individual or non-individual
sewage disposal system is pumped. Failure to deliver said receipt
within the required time frame shall be considered to be a violation
of this section.
c.
The Board of Health may suspend or refuse to renew the license of
any septic sludge removal operator who fails to comply with this section.
d.
Equipment used in the pumping of septic tanks shall meet the following
requirements:
1.
Mobile tanks shall be securely mounted on trucks or trailers, shall
be watertight and provided with a leak-proof cover and shall be vented
to permit the escape of gases but not the liquid or solid contents
of the tank.
2.
Pumps and hoses shall be maintained and operated in a condition that
will prevent the leakage of sewage.
3.
Equipment shall be available to permit the accurate measurement of
the sludge and scum levels in relation to the bottom of the outlet
baffle.
e.
Pumping of septic tanks shall be conducted in such a manner that
the entire contents of the septic tank including both liquids and
solids are removed.
f.
Pumping shall be carried out in a manner that will prevent spillage
of sewage onto the ground. If any spillage occurs, the solid portion
shall be immediately removed and disposed of in a sanitary manner
and the area of the spill shall be disinfected using a suitable chlorine-bearing
compound.
g.
Septage shall be disposed of at a sewage treatment plant designated
in accordance with District and/or State Solid Waste Management Plans
pursuant to the Statewide Sludge Management Plan adopted pursuant
to N.J.S.A. 13:1 E-1 et seq. and N.J.S.A. 58:IA-1 et seq.
[Ord. No. 09-12 § 35-3.8]
Any person aggrieved by any decision of a designee of the Board
of Health made pursuant to this section shall have the right to appeal
that decision to the Board of Health. Any aggrieved person seeking
a hearing under this section shall make application to the Board in
writing within 30 days of the decision to be appealed. The Board of
Health shall schedule the matter for a hearing within 45 days thereafter.
The hearing shall be conducted at a meeting held pursuant to the Open
Public Meetings Act.
[Ord. No. 09-12 § 35-3.9]
a.
Nuisances to be Corrected.
1.
Any on-site sewage disposal system or component thereof that is found
to be malfunctioning (as defined in N.J.A.C. 7:9A-2.1 and 3.4) shall
constitute a nuisance and shall be repaired, modified or replaced
pursuant to an order of the Board of Health or its designee to correct
the condition caused by the malfunction. Alterations shall be performed
in accordance with "Standards for the Construction of Individual Subsurface
Sewage Disposal Systems" as adopted and implemented by the Board of
Health by virtue of this Code and any amendments thereto.
2.
Any individual or non-individual subsurface sewage disposal system
which has not been maintained in accordance with N.J.A.C. 7:9A:12.3,
Septic Tank Maintenance, is hereby declared a nuisance.
3.
Any individual or non-individual subsurface sewage disposal system
which is constructed, installed, altered, operated or maintained in
violation of this section, the DEP Regulations, any rule or regulation
promulgated pursuant to this section or any permit, certificate or
license issued pursuant to this section is hereby declared to be a
nuisance.
4.
In addition the powers provided for in N.J.A.C. 7:9A-1.1 et seq.,
the Board of Health retains its authority to abate any nuisance in
accordance with the provisions of N.J.S.A. 26:3-45 et seq.
b.
Malfunctioning Subsurface Sewage Disposal System: Inspection of System;
Revocation of License.
1.
The Board of Health shall have the right to inspect any system which
shows evidence of any malfunction. Such evidence may include, but
not be limited to, foul odors, leakage to ground surface, or soggy
ground over system. Water and/or soil samples may be taken to confirm
the existence of a malfunctioning system.
2.
The Board of Health may require that any malfunctioning system be
corrected by servicing or by replacement or alteration of the system.
3.
Until any necessary replacement or alteration of a system has been
accomplished, the Board of Health may require pumping and the removal
of the entire contents of the septic tank for the system (both liquids
and solids) at intervals specified by the Board.
4.
No provision to this section shall be interpreted as precluding the
Board of Health from revoking a license issued by the Board for the
operation of a system in the event that the Board shall determine
that such action is necessary and appropriate for the enforcement
of this section. Any such revocation shall be upon Notice to the owner/operator,
with an opportunity to comment or appeal.
[Ord. No. 09-12 § 35-3.10]
In furtherance of the rights granted to the Board of Health
in N.J.S.A. 26:3-45, et seq. and N.J.A.C. 7:9B-3.19, the Health Officer
or his/her designee, upon presentation of identification, shall have
the right to enter upon property where an individual or nonindividual
subsurface sewage disposal system is located for the purpose of observation,
inspection, monitoring and/or sampling of the on-site sewage disposal
system. This authority is exercised by virtue of N.J.S.A. 26:3-31
as a necessary and reasonable method of furthering the duties of the
Board of Health as enumerated therein.
[Ord. No. 09-12 § 35-3.11; Ord. No. 13-28]
[Ord. No. 09-12 § 3.12]
a.
A person who violates any provision of this section, or any term
or condition of any certificate or license issued hereunder, where
no other penalty is prescribed by law, shall be liable for one or
more of the following penalties:
b.
Each separate day and each violation of any provision of this section,
any term or condition of any certificate or license or any notice
or order issued by the Board of Health shall constitute a separate
and distinct violation under this section.
c.
Nothing in this section shall be construed as limiting the remedies
of the Board of Health for violation of this section. The Board of
Health may proceed under any other remedy available at law or in equity
for any violation of this section or any term or condition of any
certificate or license issued by the Board or Health or for any failure
to comply with any notice or order issued by the Board of Health or
its enforcement official under this section.
