[BH Ord. 8/9/88, S BH2:1; BH Ord. 6/27/90, S 1; Ord. No. BH 2007-01]
The New Jersey State Department of Environmental Protection has promulgated certain regulations known as "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" establishing standards for the location and construction of sewage disposal systems which standards shall be controlling unless higher standards are prescribed by the local Board of Health. These standards are hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6 together with the amendments and supplements thereto. A copy of the standards is annexed hereto and made a part hereof without inclusion of the text therefor herein.
[BH Ord. 8/9/88, S BH2:2]
The standards established and adopted by this chapter are described and commonly known as the "Standards for the Construction of Individual Subsurface Sewage Disposal Systems (1978)" as promulgated by the New Jersey Department of Environmental Protection together with the amendments and supplements thereto.
[BH Ord. 8/9/88, S BH2:3]
Three copies of the "Standards for the Construction of Individual Subsurface Sewage Disposal Systems" have been placed on file in the office of the Secretary of the Board of Health and will remain on file in that office for the use and examination of the public.
[BH Ord. 8/9/88, S BH2:4; BH Ord. 10/88, S BH2:4; BH Ord. 5/9/89; BH Ord. 6/27/90, S 2; BH Ord. 10/9/90, SS 1,2; BH Ord. 4-91, S 1; Ord. No. BH 2007-01; 4-6-2021 by BH Ord. No. 2021-001]
a. 
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Board of Health.
b. 
The Board of Health or its authorized agent shall require a Certificate issued by an engineer licensed to practice engineering in the State of New Jersey stating that the design and construction of any new individual sewage disposal system is in compliance with the standards in this chapter. The Board of Health or its authorized agent may require, in its discretion, a Certificate issued by an engineer licensed by the State of New Jersey stating that the alteration of the individual sewage disposal system as proposed is in compliance with the standards of this chapter. In applications for both the construction of new systems and the alteration of existing systems, the Board of Health or its authorized agent shall require a Certificate issued by an engineer licensed by the State of New Jersey stating that the information, measurements and date contained in all plans and drawings submitted are true and accurate. In addition, prior to the issuance of a Certificate of Compliance, the Board of Health or its authorized agent shall require an as-built survey, prepared by a NJ licensed surveyor and accurately depicting the distances of all water courses, wells, buildings, boundary lines and other sewage disposal systems within 150 feet of all components of the sewage disposal system.
c. 
If all components of a proposed or existing septic system do not or will not satisfy all requirements of the current NJDEP septic regulations, review by the Board of Health of plans for new sewage disposal systems and alterations to existing sewage disposal systems shall be required on any lot with an area of less than 20,000 square feet or any proposed disposal system within 100 feet of a watercourse before a permit may be issued by the Board's Authorized Agent. If the limiting parameters cannot be achieved, the Board’s Authorized Agent may approve the New Jersey Licensed Engineer’s proposed septic system plans without variance approval from the local Board of Health, provided that said Agent is, in their professional judgment, satisfied that the best suitable and available alternative treatment unit (ATU) septic system technology has been employed, under the specific circumstances of the application, to improve discharged effluent quality with the goal of groundwater enhancement. Such wastewater technology system approvals will be guided by the provisions of N.J.A.C. 7:9-8.3,[1] as the same be amended from time to time.
[1]
Editor's Note: Title 7, Ch. 9, is reserved.
[BH Ord. 4-91, S 1; Ord. No. BH 2007-01]
a. 
In addition to any other powers granted to the Board of Health, the Board of Health shall have the power to grant, upon an application, a variance where the applicant can show that by reason of the strict application of any Township regulations which is more restrictive than the State minimum standards and which would result in peculiar exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, due to (1) exceptional narrowness, shallowness or shape of a specific property or (2) exceptional topographic conditions or physical features uniquely affecting a piece of property or (3) an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, such strict application of such regulations would cause such difficulties or hardship; provided that (1) the applicant can prove to the Board that he or she meets one of the circumstances listed above and (2) the applicant produces evidence to the Board that he or she has taken sufficient steps to mitigate any harm that such deviation from Township standards would impose on the environment and the public health, safety and welfare.
b. 
The following procedure shall be used for review of applications by the Board of Health to vary those requirements of this chapter that are more restrictive than the State minimum:
1. 
A written request for a variance shall be filed with the Secretary of the Board of Health no later than 14 days before the next scheduled Board of Health meeting if the application will be heard at the next available meeting.
2. 
The application shall state the name of the applicant, the name of the property owner if other than the applicant, the tax block and lot number, street address, the particular sections of this chapter that are requested to be varied and the reasons why such a variance should be granted.
3. 
The applicant shall give notice of the application to all owners of real property within 200 feet of the boundaries of the subject property as reflected in the tax records of the Township of Frankford. In an emergency situation, as determined by the Board of Health, notice may be waived for the first appearance by an applicant before the Board of Health; however, any subsequent appearances would have to be noticed.
4. 
The notice shall be sent by certified mail, return receipt requested and by regular mail, and shall include a copy of the application and information as to the time, date and place of the meeting when it will be considered.
5. 
The applicant or his or her duly authorized agent shall appear before the Board of Health in person in order to give sworn testimony in support of the application. The applicant, in addition, may call other witnesses to testify and has the right to cross-examine any witnesses presented by the Board or by any objectors to the application.
c. 
Any variance granted by the Board shall expire and shall be of no force or effect two years after the date of the adoption of the written resolution memorializing the requested relief, unless a Certificate of Compliance for the completed septic system that is the subject of the variance application has been issued within said two-year period.
[BH Ord. 8/9/88, S BH2:5; BH Ord. 6/27/90, SS 3, 4; BH Ord. 4-91, S 2; Ord. No. BH 2007-01]
a. 
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which must rely on such a system for sewage disposal until the Board of Health shall have issued a certificate indicating that the disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the standards in this chapter. Issuance of such certificate shall not be required for alterations to an existing individual sewage disposal system.
b. 
An engineer shall certify that he has inspected and approved the completed installation, by signed and sealed drawings, prior to issuance of the certification of compliance.
This section shall not be construed to exempt any individual disposal system from the necessity of a certificate of compliance which may be required under N.J.A.C. 7:9(a)-1 et seq.
[BH Ord. 8/9/88, S BH2:6]
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.
[BH Ord. 8/9/88, S BH2:7; BH Ord. 2-92, S 1; BH Ord. 7/8/97]
a. 
General Meetings. In case any permit or certification required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board at their next regularly scheduled meeting provided (1) an application is received by the Board requesting the hearing or requesting a variance (2) there are at least 10 days between the date of the request and the next regularly scheduled meeting of the Board of Health. Upon such application the Board of Health shall hold a hearing and make a determination to either deny or grant the permit.
b. 
Special Meetings. If requested by the applicant in writing, special meetings of the Frankford Township Board of Health may be held in the Frankford Township municipal building or at such other place within the Township as may be fixed by the Board upon such date and at such hour as may be determined by the Board upon payment of a special meeting fee of $300, which fee shall accompany the request for such special meeting. If a request is made by an applicant for an additional special meeting, a payment of $300 must accompany each request. If more than one applicant requests a special meeting to be held on the same date, the applicants shall be jointly responsible for the special meeting fee of $300.
Such special meeting fees shall be in addition to any other application fee which may be applicable. In addition to the fee, the applicant shall be obliged to indemnify and reimburse the Board for any other substantial costs which may be incurred by the Board as a result of the special meeting. The granting of the request for a special meeting shall be at the sole discretion of the Board.
[BH Ord. 8/9/88, S BH2:8]
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 Standards, 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 this 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 such disposal system, or any part thereof, no further work shall be done thereon except as aforesaid.
[BH Ord. 8/9/88, S BH2:9; BH Ord. 6/27/90, S 5; BH Ord. 2-91, SS 1-3; BH Ord. 95-2, SS 1, 2; BH Ord. 2009-01]
The following fees and charges are herewith established:
a. 
For the filing of an application and plans for a permit to locate and construct a new individual sewage disposal system the fee shall be $200 for a two-year permit.
b. 
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system the fee shall be $75.
c. 
For the filing of an application and plans for a permit to repair an existing individual sewage disposal system the fee shall be $25.
d. 
For the issuance of a permit to locate and construct, alter, or repair any individual sewage disposal system there shall be no fee.
e. 
For each reinspection of an individual sewage disposal system or part thereof, caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid standards, in the opinion of the Board or its agent, the fee shall be $75.
f. 
For renewal of a permit to locate and construct a new individual sewage disposal system, the fee shall be 1/2 of the original application.
g. 
For renewal of a permit to alter an existing individual sewage disposal system, the fee shall be 1/2 of the original application.
h. 
For the observation, inspection and recording of a soil log by the Board of Health or its agent, the fee shall be $30 for the site inspection plus $5 per test hole.
i. 
For any application to the Board of Health for a variance or variances from any of the requirements of this Chapter BH2, the fee shall be $200 which fee is to be paid at the time the application is submitted.
[BH Ord. 10/88, S BH2:10; BH Ord. 6/27/90, S 6; BH Ord. 4-91, S3]
a. 
A permit to locate and construct a new individual sewage disposal system or alter or repair an existing sewage disposal system shall be valid for two years from the date it is issued. Any renewal of the permit must meet current standards.
b. 
A permit may be renewed for an additional one year, and the application for renewal must be made to the Secretary of the Board of Health prior to the expiration of the initial one. At the time of the renewal request the design must meet current standards.
c. 
A permit may be transferred by the applicant to any other person or corporation during the period of time in which it is valid. The entity transferring a permit to another must immediately file a Notice of Transfer with the Secretary of the Board of Health. Upon the filing of such notice, the entity to whom the permit is transferred shall then be responsible for all the duties and obligations under this section and State regulation.
[BH Ord. 6/27/90, S 7; BH Ord. 4-91, S 4; BH Ord. 1-94, S 1; BH Ord. 2-94, S 1; BH Ord. 7/13/99; BH Ord. 2-8-00; Ord. No. BH 2007-01]
a. 
Findings.
1. 
Subsurface sewage disposal systems within the Township of Frankford 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. These malfunctions have adversely affected public health and welfare and the environment.
2. 
The malfunctioning of individual subsurface sewage disposal systems is often caused by the improper operation and maintenance of the systems by the owners or persons being served by such systems.
b. 
Purpose. In addition to the purposes set forth in N.J.A.C. 7:9A-1.1, it is the purpose of this section to:
1. 
Regulate individual subsurface sewage disposal systems 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 procedure for altering, operating, and maintaining them;
2. 
Develop a management program to maintain records and help prevent the future malfunction of septic systems.
c. 
Scope. This section prescribes standards for the location, design, construction, installation, alteration, repair, operation and maintenance of newly constructed individual subsurface sewage disposal systems.
d. 
Definitions. All definitions given in Subchapter 2 of the DEP Standards for Construction of Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments thereto (DEP Regulations) are hereby incorporated into this section, with the following additions:
1. 
BOARD OF HEALTH – Shall mean the Board of Health of the Township of Frankford and its authorized agents including the Sussex County Health Department or other such staff as provided by Sussex County.
2. 
COMPLETED ALTERATION/PUMP-OUT REPORT – Shall mean a report submitted to the Township by an owner/operator indicating that the required pump-out or alteration of the individual subsurface sewage disposal system has been completed in accordance with the Notice of Pumping, Alteration, or Repair.
3. 
COMPLETED INSPECTION CERTIFICATE – Shall mean a certificate submitted to the Board of Health by an owner/operator indicating that the required inspection of the septic tank has been completed in accordance with the Sanitary Code of the Township of Frankford.
4. 
EDUCATIONAL PROGRAM – Shall mean an educational program prepared and administered by the Board of Health regarding the fundamentals of individual subsurface sewage disposal systems and the proper procedure for the operation and maintenance of such systems.
5. 
NOTICE OF PUMPING, ALTERATION OR REPAIR – Shall mean a notice issued by the Board of Health to an owner/operator that the individual subsurface sewage disposal system requires pumping out or other repairs or maintenance.
6. 
OPERATOR'S LICENSE – Shall mean a license issued to an applicant pursuant to this section and the DEP Regulations for the operation of an individual subsurface sewage disposal system.
7. 
OWNER/OPERATOR – Shall mean the person who owns the realty on which an individual subsurface sewage disposal system is located and/or the person who uses or operates said 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 regarding operations and maintenance of such systems.
8. 
RESIDENTIAL INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM – 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.
9. 
SEPTIC SYSTEM INSPECTOR – Shall mean a licensed health officer, licensed professional engineer, first-grade licensed sanitarian, solid waste haulers registered with the NJDEP in accordance with N.J.A.C. 7:26-3, or other person acceptable to the Board of Health.
e. 
General Requirements for the Construction, Installation, Alteration and Operations of Individual Subsurface Sewage Disposal Systems.
1. 
No person shall construct, install, alter, repair, or operate an individual subsurface sewage disposal system unless such construction, installation, alteration, or operation is in accordance with the statutes of the State of New Jersey, DEP Regulations and this section.
2. 
There shall be a minimum distance of 100 feet between all water wells and the disposal area, and there shall be a minimum distance of 100 feet between the disposal area and all watercourses, delineated wet lands, wet lands-in-fact and the high water mark of the 100-year flood plain. For purposes of this chapter, the phrase "disposal area" shall include but not be limited to all disposal beds, disposal areas, disposal trenches and disposal mechanisms and all reserve areas, reserve beds, reserve trenches or reserve mechanisms authorized by the State of New Jersey, DEP through regulations, codes, permits or any other form of approval. Excepted from the aforementioned requirements for minimum distance of 100 feet are applications to alter, replace or repair an existing, but malfunctioning system, provided said existing system was located, designed, constructed and installed in conformance with the standards in effect at the time of its installation, and further provided that the reason for the alteration, repair or installation of a replacement system is not a change in use or an expansion of a building or facility being served by the system. The applicant shall bear the burden of establishing to the satisfaction of the Board's authorized agent that the existing system was located, designed, constructed and installed in conformance with the standards in effect at the time of its installation.
If the Board's authorized agent determines that the applicant has not satisfied that burden, the aforesaid distance requirement will apply. All alterations, repairs or replacement of or to an existing system shall comply with all the NJDEP regulations.
3. 
Septic tanks serving single-family dwelling units with four or fewer bedrooms shall have a minimum capacity of 1,500 gallons. Septic tanks serving single-family dwelling units with five or more bedrooms shall have an additional capacity of at least 250 gallons per bedroom for each bedroom over four.
4. 
All septic systems must have either a single tank with two compartments or two tanks providing the required capacity. The septic tank must be provided with a manhole frame and cover for septic tank access on each compartment and installed at the finished grade of the property. The manhole and frame must be equivalent to Campbell Foundry Pattern No. 1302A and be constructed with a bituminous seal where the casing meets the top of the septic tank. The finished grading must divert surface water away from the manhole cover, which shall be exposed.
5. 
Excepted from the requirements of paragraphs e3 and e4 above are applications for permits where, due to a malfunction of an existing effluent disposal system, an alteration, repair, or installation of a replacement system for said existing system is needed, provided the alteration, repair, or installation of the replacement system is not associated with a change in use or an expansion of the building or facility being served by said system as defined by N.J.A.C. 7:9A-3.3(b) and provided further that the applicant submits with his application satisfactory proof that: (i) there is no area within the subject property upon which the components of the system required under paragraphs BH2-12e3 and 4 above could be located; and (ii) the system, as originally installed, was located, designed, constructed and installed in conformance with the standards in effect at the time of its installation.
6. 
Whenever an applicant proposes an alteration of an existing sewage disposal system, and either a cesspool or seepage pit is part of the existing sewage disposal system, the applicant will be required to remove and/or abandon, in the manner prescribed by the Board's Authorized Agent, the cesspool or seepage pit and to replace same with a disposal area, bed, or trench or such other mechanism acceptable to the Board's authorized agent based on best current technologies authorized by NJDEP.
Whenever an applicant proposes a repair to an existing metal septic tank, the applicant shall remove the metal tank and replace it with a tank that complies with BH2-12e3 and 4.
7. 
In all instances where alterations to existing systems are required or where a new system is proposed, the Board's authorized agent shall require, as a condition of the issuance of a permit to allow said alteration or new system, the installation of such water saving devices as the Board's authorized agent may, in its sole discretion, require. The authorized agent shall certify to the actual installation of the water saving devices if they are required.
8. 
Any system requiring the use of pumps shall be equipped with both a visual and audio alarm that shall be triggered any time fluid level exceeds 70% of capacity or any time the liquid level rises to four inches above the high water mark, but in no case shall the high water alarm switch be installed at a level which is greater than four inches above the level of the pump-off switch in the dosing tank.
f. 
Operator's License.
1. 
The Board of Health shall issue an operator's license and a copy of the operation and maintenance manual to the applicant along with educational program materials at the time the certificate of compliance is issued for an individual subsurface sewage disposal system.
2. 
All licensing of individual subsurface sewage disposal systems, other than residential individual subsurface sewage disposal systems, shall be pursuant to and in accordance with N.J.A.C. 7:9A-3.1.
g. 
Inspections.
1. 
The Board of Health shall provide for inspection of each individual subsurface sewage disposal system prior to the expiration of its operator's license unless proof of proper pumping has been submitted to the Board of Health pursuant to BH2-11f3(a). The Board of Health shall notify the owner/operator of the expiration of its operator's license. The Board of Health shall notify the owner/operator at least 30 days and not more than 60 days prior to the expiration of the operator's license in order to schedule a date and time for the inspection.
2. 
The Board of Health or its authorized agent shall prepare an inspection report for each inspection which it performs pursuant to this section. The Board of Health shall provide a copy of such inspection report for each inspection which it performs pursuant to this section to the owner/operator.
3. 
The inspection report forms from N.J.A.C. 7:9A entitled "Application for License to Operate" and/or "Renewal of License to Operate," or other authorized format shall be the acceptable forms to be used in reporting inspections of individual subsurface sewage disposal systems. These forms will be completed at the time of inspection and shall be filed with the Board of Health or its assigned agent.
4. 
The owner/operator has the option, at his/her own expense, to hire a Septic System Inspector, as defined in N.J.A.C. 7:9A, to perform the inspection of their individual subsurface sewage disposal system. If the owner/operator chooses this option, the inspection shall take place within 60 days of the expiration of the operator's license. Prior to the expiration of the operator's license, licensee shall file with the Board of Health a completed inspection certificate in a form approved by the Township and signed by the Septic System Inspector. The use of a Septic System Inspector to perform the inspection required by this section shall not exempt the owner/operator from the payment of any fees as required by this section.
5. 
Any inspection performed pursuant to BH2-12g shall be in accordance with the NJDEP Regulations at N.J.A.C. 7:9A-12.2(c)-(f) and 7:9A-12.4.
6. 
If the inspection indicates that a pump-out of the tank or other maintenance, alteration, or repair of the system is necessary, the Board of Health shall issue a notice of pumping, alteration or repair. Following pump-out or other maintenance, alteration or repair of the system, the owner/operator shall submit to the Board of Health a completed alteration/pump-out report prepared and signed by the person performing the required work.
7. 
Nothing in this section shall be construed to limit or to alter the authority of the Board of Health to conduct inspections of individual subsurface sewage disposal systems which are malfunctioning or are suspected of malfunctioning.
h. 
Fees.
1. 
Each applicant shall pay a licensing fee of $5 when applying for an operator's license.
2. 
Each applicant which requests that the Board of Health perform the inspection as required by BH2-12g shall pay an inspection fee of $50.
3. 
Each licensee shall pay to the Board of Health a one time program management fee of $5.
i. 
Declaration of Nuisance.
1. 
Any residential individual subsurface sewage disposal system which is malfunctioning is hereby declared a nuisance as defined in BH1-4.
2. 
Any 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 as defined in BH1-4.
3. 
Any individual subsurface sewage disposal system which is constructed, installed, altered, operated or maintained in violation of this chapter, the DEP Regulations, any rule or regulation promulgated by the Township pursuant to this chapter or any permit, certificate or license issued pursuant to this chapter is hereby declared to be a nuisance as defined in BH1-4.
[Ord. No. BH2008-01; Ord. No. BH 2009-02]
For purposes of this chapter, "reconstruction" of a building shall be deemed to include: (1) any habitable addition to the structure with a floor square footage greater than 15% of the existing total habitable space; (2) an addition requiring Land Use Board approval; and (3) demolition of an entire structure to the extent of what is planned to replace such structure.
For purposes of this chapter, "applicable remodeling" shall mean the remodeling or replacement of existing, habitable space with or without an increase in the amount of habitable living space, where 40% or more of the area of the habitable living space that existed before the remodeling was commenced would be uninhabitable during any part of the work or would require a Certificate of Occupancy or Certificate of Approval for reoccupancy following completion of the work. For purposes of this section, any reconstruction or remodeling that occurred within the five-year period prior to the application for the building permit shall be included in and counted towards the 40% applicable remodeling standard. For a project proposing both a remodel and reconstruction of a building, the combined total of both areas (the proposed reconstruction and the remodel area) shall be used to determine whether there is applicable remodeling occurring. For purposes of this section, the following types of work/repairs will not be considered "reconstruction" or "applicable remodeling": (1) roofing/siding; (2) oil tank removal or abandonment; (3) oil tank installation; (4) chimney liner installation; (5) wood, pellet stove or insert; (6) inground/aboveground pools; (7) garden sheds under 600 square feet; (8) decks or patios, unless enclosed to create a habitable living space; (9) radon systems; (10) any soil remediation done for leaking oil tanks; (11) fencing, retaining walls; (12) replacing kitchen cabinets; and (13) bathroom or kitchen remodel with no change in wall locations.
For purposes of this chapter, "habitable" shall mean any living space enclosed by glass or insulated wall systems.
Review and approval by the Board of Health of the design and all components of the existing septic system shall be required before the application for and issuance of a building permit for the reconstruction or applicable remodeling of any building unless the owner establishes to the satisfaction of the Board's authorized agent that the existing septic system has been designed in compliance with the current NJDEP Code and the Frankford Township Health Code (the "Current Codes") requirements applicable to new septic systems for the dwelling house based upon the number of bedrooms proposed for the reconstructed or remodeled dwellings or, with respect to commercial and nonresidential buildings, in compliance with the Frankford Township Health Code and NJDEP requirements for the proposed reconstructed or remodeled commercial or nonresidential building.
Remodeling and reconstruction of detached, uninhabitable accessory structures (such as a garage, workshop, storage building, swimming pool, barn) will not be considered "remodeling" for the purposes this chapter.
If the property is not improved with a septic system constructed in compliance with current NJDEP Code and Frankford Township Health Code requirements for the applicant's proposed building and use, the proposed reconstruction or remodeling is prohibited until the septic system is approved by the Board of Health based on the following standards and requirements:
a. 
Where a septic system in compliance with current codes requirements can be constructed on the lot, the owner shall provide a septic design in compliance with the current code requirements, and shall have the system installed in accordance with an approved design for a house having the same number of bedrooms as proposed by the owner or, in the case of a commercial or nonresidential building, in compliance with the current code requirements for the reconstructed/remodeled building.
b. 
If the property owner asserts that a septic system in compliance with the current codes cannot be constructed on the lot, the property owner shall apply to the Board of Health pursuant to Section BH2-5 hereof for a variance from the requirement that the septic system be in compliance with the current codes. The procedures to be followed and notices to be provided by the owner, as well as the criteria for the review and granting of said variance, shall be as set forth in Section BH2-5 of this chapter. In addition, as part of any application for a variance, the property owner will submit to the Board's authorized agent, (the Sussex County Health Department), a septic design that is closer in compliance with the current codes; that employs the current, best technologies authorized by the NJDEP; and that achieves the highest water quality standards for the effluent discharged to the disposal area. The property owner's proposed septic design will be filed with the Board and the Board's authorized agent at least 14 days before the hearing date for the variance so as to allow the Board and its authorized agent adequate time to review same and to provide comments and recommendations with respect to same. All septic design shall be filed in the PDF file format. In addition, as part of any application for a variance, the applicant will bear the burden of establishing to the Board that the existing building is a habitable dwelling with an existing method of sewage disposal. Failing same, the application will be treated as an application for the construction of a new septic system under the current codes.
c. 
As part of any variance application, proof will be required that the property is either serviced through a public water system or drilled well. If the property does not have public water or access to a drilled well, the owner must have a well drilled in compliance with current code requirements.
If the owner proposes an increase in the number of bedrooms in the home compared with the number of bedrooms in the former dwelling, or proposes a change in the use or size of the commercial or nonresidential building which would increase the required capacity of the septic system, the septic system must be designed and constructed in accordance with current code requirements. It is the applicant's burden to provide proofs to establish the number of bedrooms in the former and proposed dwellings and the previously approved capacity of the septic system for the commercial or nonresidential building.
The approval of the septic system to service the reconstructed/remodeled building shall not be deemed to eliminate the requirement for zoning approval or site plan approvals required of the applicant.
All ordinances or parts of ordinances inconsistent with this section shall be repealed to the extent of such inconsistencies only.
This section shall take effect upon final passage and publication pursuant to law. This section will not apply to any remodeling or reconstruction for which an unexpired building permit already exists upon the effective date of this section.
[BH Ord. 6/27/90, S 9; BH Ord. 4-91, S 5]
Any person who violates any provision of this chapter shall be liable for a fine as permitted by BH1-5. This clause shall not preclude the Township or any other agency of the State from imposing any other penalty or fine that they may be entitled to by statute or regulations for the violations of any of the provisions of this chapter.