Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of New Milford, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1968 Code § 74-28]
No privy vault, cesspool or manure pit shall be constructed in the Borough without a written permit therefor from the Board of Health.
[1968 Code § 74-34]
Application for license to engage in and carry on the business of cleaning cesspools and privies may be obtained at the office of the Board; the applicant for such license, before obtaining the same, shall make it appear to the satisfaction of this Board that he is the possessor of the apparatus, means, appliances and vehicles or conveyances necessary in properly carrying on the business, and shall pay to this Board the sum of $5 license fee; all apparatus, means, appliances and vehicles or conveyances to be used in the business shall be approved by this Board before being used, and shall at all times thereafter be subject to the inspection of this Board. Every such license shall expire on December 31 of the year in which it was issued, unless otherwise revoked.
[1968 Code § 74-32; New]
The fee for the permit for the construction and erection and inspection of each and every privy vault, septic tank, cesspool and manure pit shall be $100.
[1968 Code § 74-37]
No permits for cesspools or tanks will be issued where it is found that the topographical and soil conditions conspire to make difficult the proper disposal of sewage.
[1968 Code § 74-36]
Upon notification by the Board of Health, all privy vaults or cesspools shall be immediately cleaned and their contents removed in such manner as not to be offensive.
[1968 Code § 74-33]
No privy vault or cesspool shall be cleaned or emptied except by scavengers who, before performing such work, shall have first obtained from the Board a license to engage in and carry on the business of cleaning cesspools and privies.
[1968 Code § 74-35]
Any scavenger who shall commence to clean or empty any privy vault shall, without interruption or delay, proceed with the work until it be completed and the filth carried away, and the filth shall be removed in airtight vessels.
[Code 1968 § 74-29]
No privy vault or cesspool shall be constructed or maintained on any lot or premises where access to a public sewer is available except that this shall not prohibit the construction of a temporary privy vault during the erection of any new building.
[Code 1968 § 74-30]
No privy vault, cesspool or manure pit shall be constructed or maintained within fifty (50') feet of any spring, well or stream, within fifteen (15') feet of any party line or fence, within fifteen (15') feet of the line of any street or within twenty-five (25') feet of the door, window or foundation wall of any house; nor shall any cover be put upon or over same until the privy vault, cesspool or manure pit has been approved by the Board of Health.
[1968 Code § 74-31]
No rainwater leader or subsurface drainpipe shall discharge into or be connected with any cesspool or septic tank, nor shall any cesspool or septic tank be connected directly with the public sewer.
[Added 6-27-2022 by Ord. No. 2022:16]
It shall be unlawful for any person to use, construct, maintain, empty or clean any toilet of the type commonly know as "outside toilets" within the Borough without first obtaining a permit from the local Board of Health.
[Added 6-27-2022 by Ord. No. 2022:16]
As used in this section, the following terms shall have the meanings indicated:
OUTSIDE TOILET
Outside lavatory, portable toilet, outhouse, or other similar device used for the reception of storage of human excrement, whether temporary or permanent in nature, except that chemical or portable toilets located on boats or recreational vehicles are specifically excluded from this definition.
[Added 6-27-2022 by Ord. No. 2022:16]
a. 
Application Requirement. Any individual, corporation, partnership, organization or other institution commonly recognized by law as a unit must complete an application obtained from the local Board of Health of the Borough before any permit shall be issued for the temporary use of an outdoor toilet. The original application shall be filed with the local Board of Health for review and determination, and a copy is to be filed with the Borough Clerk.
b. 
Contents of Application. The application for the permit shall contain the following information:
1. 
Name and description of the applicant.
2. 
Address (legal and local).
3. 
Brief description of the basis for the request, proposed location, requested time of use, method of delivery, maintenance and cleanup, and party responsible for same.
4. 
Street address, or, if there is none, the lot and block number as shown on the Tax Map, where the outside toilet is to be located.
5. 
Any other appropriate information which the local Board of Health may require by resolution.
[Added 6-27-2022 by Ord. No. 2022:16]
Where any individual, corporation, partnership, organization, or other institution commonly recognized by law files an original permit application with the local Board of Health, said application shall be accompanied by a permit fee of $40 which shall be applied toward the administrative costs of enforcing this section. The Board of Health may, in its discretion, waive permit fees for nonprofit, charitable, or other public-service-related entities or events.
[Added 6-27-2022 by Ord. No. 2022:16]
Upon receiving a completed application and permit fee, the local Board of Health shall immediately institute whatever reasonable investigation is necessary concerning the application in question. If satisfied, based upon that investigation, the local Board of Health may issue a temporary permit for the use of an outside toilet only for one of the following purposes:
a. 
Carnivals, fairs, and other similar public events; or
b. 
Construction sites; or
c. 
Where good cause is shown by the applicant to justify the issuance of a temporary permit.
[Added 6-27-2022 by Ord. No. 2022:16]
No permit issued pursuant to this section shall be for more than a period of 20 days. The Board of Health may, in its discretion, extend the period of permit effectiveness or allow permit renewals without additional fees for good cause shown.
[Added 6-27-2022 by Ord. No. 2022:16]
Where any permit holder fails to maintain the outside toilet in a healthy and sanitary manner, so as to constitute a nuisance, or violates any of the provisions of this section, or any other ordinances of the Borough or State of New Jersey, in connection therewith, the permit may be revoked by the local Board of Health after reasonable notice and hearing.
[Added 6-27-2022 by Ord. No. 2022:16]
The provisions of this section shall not apply to the following:
a. 
Agricultural uses, being defined as farms, fields, bogs and farm labor camps, which are regulated by the State Department of Agriculture.
b. 
Retail commercial take-out businesses which have had, on a seasonal basis, portable toilets located on their property for the last two years.
c. 
County, state, or other public agencies for the purposes of road work, emergency purposes, or as required under state law to be provided on such work site.