Township of Upper, NJ
Cape May County
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[Ord. #BH 1992-101, § 1]
For purposes of this Chapter, the following terms shall have the definition and meaning herein indicated:
OFF-SITE SEPTIC SYSTEM
Shall mean a septic system, including any or all of its component parts, located upon a lot or tract of ground different from the lot or tract of ground on which is located, or intended to be located, the building or structure which is to be serviced by such septic system.
ON-SITE SEPTIC SYSTEM
Shall mean a septic system, including any or all of its component parts, [which are] located on a lot or tract of ground on which there is located, or intended to be located, a building or structure intended to be serviced by such septic system.
[Ord. #BH 1992-101, § 2]
The Board of Health hereby makes the following findings and determinations and establishes the policy set forth herein:
a. 
Off-site septic systems which are constructed or located upon a noncontiguous lot or tract of ground present special and unique problems which directly affect the public health, safety and welfare. Such unique problems include, but are not necessarily limited to, the following:
1. 
Soil pipes or utility lines connecting the septic system and disposal area to the structure serviced thereby will from time to time require routine maintenance and service and eventual replacement. In the case of an off-site system located on a noncontiguous lot or tract of ground, such soil pipes or utility lines will be located within the cartway of a public street. Routine maintenance or replacement of such lines would therefore necessarily involve the excavation of the public street with resulting inconvenience to the public at large;
2. 
A failure or malfunction of the system may result in pollution or contamination of public property;
3. 
There is no feasible or practical way to ensure that the ground on which the structure is located and the ground on which the off-site septic system is located remains in common ownership except through a merger of the properties accomplished through a minor subdivision or by filing a deed of consolidation. No consolidation or merger can occur when the two locations are not contiguous;
4. 
Failure of an owner to pay real estate taxes assessed against either property would result in a tax lien or liens being filed against one or both of the properties. The matter could be further complicated should different persons or entities acquire such tax liens and foreclose the same independently of each other. This would necessarily result in the property ceasing to be in common ownership. And yet because of the peculiar and unique relationship between the two lots, i.e., the lot on which the structure is located and the second lot on which an off-site septic system is located, neither can exist independently of the other.
b. 
In order to protect and promote the public health, safety and welfare, the Township must require that all sewage treatment systems or sewage treatment works meet all applicable standards and requirements of the Township Ordinances including the Zoning Ordinance as well as those of the Cape May County Health Department and the flood proofing requirements of the Federal Emergency Management Agency (FEMA). Such approvals must be obtained prior to receiving a construction permit or other permit from the Township.
c. 
The only practical and feasible way of protecting the public health, safety and welfare is for the Township to require that all utility lines located within the cartway of any roadway shall be owned and maintained by either the Township of Upper or a public utility as that term is defined by the New Jersey statutes and which is under the supervision and regulation of the New Jersey Board of Public Utilities.
d. 
In order to further protect the public health, safety and welfare, in order to minimize the risk of pollution or contamination, in order to avoid the alienation of property whereby ownership of the ground and structure serviced by the septic system and ownership of the lot whereon the septic system is located would cease to be in common ownership, all sewage treatment systems or sewage treatment works in a residential or commercial zone must be capable of being assessed as a single line item with the property serviced by such system.
[Ord. #BH 1992-101, § 3]
Off-site septic systems shall be prohibited within the Township of Upper, except as provided by this Chapter.
[Ord. #BH 1992-101, § 4]
Off-site septic systems will be permitted only under the following conditions:
a. 
On a lot or tract of ground which is immediately adjacent to, contiguous with and adjoins the lot or tract of ground on which is located or intended to be located, the building or structure to be serviced by such septic system provided that the two parcels of ground are in common ownership; and further provided that the owner(s) file(s) a deed of consolidation in which both properties are merged and shall thereafter appear as a single parcel on the Tax Map of the Township of Upper;
b. 
Such deed of consolidation shall be approved by the Township Engineer and Township Solicitor of the Township of Upper;
c. 
The applicant shall pay a fee to the Township of Upper in the amount of $350 to defray the cost of engineering review, legal review and revision to the Official Tax Map to give effect to the deed of consolidation;
d. 
The applicant shall supply to the Township of Upper a title search indicating that the applicant is the owner of both parcels which are to be merged;
e. 
The applicant shall provide to the Township a current survey establishing the exact location of such septic system and all of its component parts.
[Ord. #BH 1992-101, § 5]
The construction official or any subcode official shall be prohibited from issuing any permit for the construction, renovation and repair of any structure which does not have an on-site septic system.
[Ord. #BH 1992-101, § 6; Ord. #BH 1994-101(A), § 1]
This Chapter shall not apply to any septic system which is in place and operational or for which a septic permit application has been approved by the appropriate governmental agency on April 13, 1992, the date on which Ordinance No. BH-1992-101 was finally passed. It is intended that this Chapter shall apply only to septic permit applications for off-site septic systems filed subsequent to the passage of Ordinance No. BH-1992-101 on the date herein set forth.
[Ord. #BH 1992-101, § 7]
Any person or persons violating any of the provisions of this Chapter shall, upon conviction, be liable to one or more of the following penalties:
a. 
A fine in the minimum amount of $100 and up to a maximum of $1,000; and/or
b. 
Incarceration for a term not to exceed 90 days; and/or
c. 
By a period of community service not exceeding 90 days.
Each day that the violation exists shall be deemed a separate offense.