Chapter 16 Health

ATTACHMENTS

[Ord. #7/15/74; Ord. #408]

The township committee and the township board of health have adopted certain standard codes promulgated by the New Jersey State Department of Health together with stated amendments thereto as hereafter appears. Copies of such codes are filed with the township clerk and may be obtained from the New Jersey State Department of Health. Except to the extent amended, the full text of the codes are incorporated herein by reference.

Amendments and supplements to these codes such as may be adopted in the future by the pertinent departments of the State of New Jersey are also incorporated herein by reference.

§ 16-2 COIN-OPERATED DRY CLEANING ESTABLISHMENT CODE OF NEW JERSEY.

[Ord. #7/15/74]

Permit required.

§ 16-3 STANDARDS FOR INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEMS (1989), N.J.A.C. 7:9A-1.1 ET SEQ. [1]

[Ord. #7/15/74; Ord. #BH:88-2; Ord. #BH:90-2]

The code known as Standards for Individual Subsurface Sewage Disposal Systems (1989), N.J.A.C. 7:9A-1.1 et seq., commonly referred to as "Chapter 199 Regulations," and all amendments or revisions thereto, is hereby adopted by reference in its entirety.

A printed copy in book form of said code adopted by reference is attached hereto.

Three copies of said code will be placed on file in the office of the secretary of the Hopewell Township Board of Health upon introduction of the section and will remain on file until final action is taken on said section, for the use and examination of the public.

[1]

Editor's Note: Section 16-3, containing subsections 16-3.1-16-3.8, was amended in its entirety by Ordinance No. BH90-2. Prior ordinances codified herein include portions of Ordinance Nos. 7/15/74 and BH 88-2.

§ 16-4 ENVIRONMENTAL HEALTH PROGRAMS.

§ 16-4.1 Retail Food Establishments. [1]

[Ord. #BH:2003-2, § 1; Ord. #2018-1681]

License Required. It shall be unlawful for any person to conduct a retail food establishment, as defined in and governed by Chapter XII, N.J.A.C. 8:24-1 "Sanitation in Retail Food Establishment and Food and Beverage Vending Machines", provisions of this section, all other State and Federal regulations, and all revisions thereto, without first having procured a license from the local Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code.

Changes in owner or operator shall require a new license.

Licenses shall be issued annually and expire June 30.

Fees shall be determined by size of facility and/or extent of food service provided.

Fees shall be collected according to the schedule established in Chapter 10 of the Revised General Ordinance of the Township of Hopewell 1978.

Retail food establishment owners and/or managers shall attend annually a food-handling program offered by the township health department, another health department, Mercer County Health Officers Association and/or any other program approved by the State Department of Health and Senior Services. Proof of attendance must be provided at time of license renewal.

Owner or manager shall offer and/or conduct for all employees an annual program on the basic principles of proper food handling, storage, preparation and sanitation methods as defined by State regulations and/or the FDA Food Code. Training documentation must be provided at time of license renewal.

Menus and floor and equipment plans shall be submitted and reviewed by the health department in conjunction with any new facilities, renovations, repair or alteration of all existing facilities and the issuance of any permits by the municipal construction office for said construction, renovation, repair or alteration.

Changes in owner or operator shall be considered a new facility and must comply with this provision. Renovations or alterations may be required.

All facilities shall have at a minimum the following sinks: one three-compartment sink with dual drain boards, a separate pre-scrub/soak sink, at least one food preparation sink per food preparation area to prevent cross contamination of raw and cooked foods, one maintenance/utility sink, hand sink with paddle or foot operation and soap and towel dispenser located within each food preparation area, food service line, customer self-service areas/counters and in dishwasher/manual cleaning areas, and no greater than 15 feet from any person positioned within the station. The specific number and location will be determined by the magnitude of the food services being provided. Dishwashers when included do not replace the required sinks necessary for manual wash, rinse and sanitize operations. Chemical sanitizers or gloves may not be substituted.

Potable water reports must be provided to the Hopewell Township Health Department by the facility operator and/or laboratory on a quarterly basis or at a frequency determined by the health department or by the safe drinking water regulations based on population served or quality issues.

All retail establishments shall post hand-washing signs in all toilet facilities and in areas of food preparation. Signs must provide information on acceptable hand-washing procedures. Unless provided by the health department, the department must approve all other signs.

Display of Fetal Alcohol Syndrome (FAS) Warning Signs. All licensees under this section who sell alcoholic beverages shall prominently post on their premises a warning of the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning signs shall be those prepared and distributed by the Mercer Council on the Alcoholism and Drug Addiction.

Management of Fats, Oils, and Grease (FOG). Retail food establishments involved in food preparation activities that generate FOG, including but not limited to frying, grilling, charbroiling, rotisserie cooking, or utilization of griddles or woks; shall meet the following requirements:

Facilities Served by Public Sewers.

(a)

Internal grease traps shall be completely emptied a minimum of every 90 days.

(b)

Reports shall be furnished to the local health department detailing the dates of grease trap cleaning, provide the name of the person who cleaned trap, and how many inches of grease were removed.

(c)

Reports shall be provided annually with license renewal application.

(d)

Reports shall be maintained on premise and shall be made available for inspection upon request.

Facilities Served by Individual Onsite Sewage Disposal System.

(a)

External grease traps shall be completely emptied a minimum of every 180 days by a New Jersey Department of Environmental Protection licensed waste hauler.

(b)

At time of pumping, tank shall be visually assessed for amount of FOG in tank, tank water tightness, and baffle integrity. Volumes of FOG and tank deficiencies shall be noted on receipt.

(c)

Reports shall be provided annually with license renewal application.

(d)

Reports shall be maintained on premises and shall be made available for inspection upon request.

The Health Officer shall have the authority to modify maintenance requirements of grease traps. The Health Officer shall report retail food establishments grease maintenance requirements to the Hopewell Township Engineer annually.

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 7/15/74 and BH:90-1.

§ 16-4.2 Foods and Beverage Vending Machines.

[Ord. #BOH:2003-2, § 1]

Permit Required. It shall be unlawful for any person to operate food and beverage vending machines, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:

Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit per machine from the board of health of this municipality so to do, and without complying with any and all of the provisions of Chapter XII, N.J.A.C. 8:24-1 "Sanitation in Retail Food Establishment and Food and Beverage Vending Machines."

Maintain or permit to be maintained on or in any location in this municipality, one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the board of health of this municipality or without complying with any and all of the provisions of Chapter XII, N.J.A.C. 8:24-1 "Sanitation in Retail Food Establishment and Food and Beverage Vending Machines."

Permit Fee Per Machine. See Chapter 10. Fees and Permits.

Application for and Issuance of Permits. Application for and issuance of the permits referred to in subsection 16-4.2a shall be made in conformity with the provisions of this chapter and Chapter XII, N.J.A.C. 8:24-1 "Sanitation in Retail Food Establishment and Food and Beverage Vending Machines." Such permits are not transferable.

Interstate Commerce. No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal government.

§ 16-4.3 Child/Adult Day Care Centers.

[Ord. #BOH:2003-2, § 1]

License Required. It shall be unlawful for any person to operate a child care/adult day care center as defined in and governed by Chapter 122, Manual of Requirements for Child Care Centers, N.J.A.C. 10:122 without first having procured a retail food license from the local board of health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code, provisions of this section, all other State and Federal regulations, and all revisions thereto. N.J.A.C. 10:122 requires all centers to provide some level of food service. Therefore, they must also comply with Chapter XII, N.J.A.C. 8:24-1 "Sanitation in Retail Food Establishment and Food and Beverage Vending Machines."

Changes in owner or operator shall require a new license.

Licenses shall be issued annually and expire June 30.

Fees shall be determined by size of facility and/or extent of food service provided.

Fees shall be collected according to the schedule established in subsection 10-5.3, Retail Food Establishment of the Revised General Ordinance of the Township of Hopewell 1978.

Menu and floor and equipment plans shall be submitted and reviewed by the health department in conjunction with any new facilities, renovations, repair or alteration of all existing facilities and the issuance of any permits by the municipal construction office for said construction, renovation, repair or alteration.

Changes in owner or operator shall be considered a new facility and must comply with this provision. Renovations or alterations may be required.

All facilities shall have at a minimum one of each of the following sinks; three-compartment sink with dual drain board, a separate pre-scrub/soak sink, food preparation sink, maintenance/utility sink, and a hand sink located in each food preparation area, food service line, customer self-service areas/counters and in dishwasher/manual cleaning areas. The specific number and location will be determined by the magnitude of the food services being provided. Dishwashers when included do not replace the required sinks necessary for manual wash, rinse and sanitize operations. Chemical sanitizers or gloves may not be substituted.

Septic tank and grease tank pump out and maintenance reports must be submitted annually with the license renewal.

All centers shall post hand-washing signs in all toilet facilities and in areas of food preparation. Signs must provide information on acceptable hand-washing procedures. Unless provided by the health department, the department must approve all other signs.

§ 16-4.4 Public Recreational Bathing.

[Ord. #BOH:2003-2, § 1]

License Required. It shall be unlawful for any person to operate a public recreational bathing facility as defined in and governed by Chapter IX, "Public Recreational Bathing" of the New Jersey State Sanitary Code, N.J.A.C. 8:26-1, provisions of this section, all other State and Federal regulations, and all revisions thereto, without first having procured a license from the local board of health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Administrative Code.

Changes in owner or operator shall require a new license.

Licenses shall be issued annually and expire June 30.

Fees shall be collected according to the schedule established in subsection 10-5.4, Miscellaneous Licenses and Permits of the Revised General Ordinances of the Township of Hopewell 1978.

In the event a food service facility is part of the operation or a separate concession, a retail food license must also be secured and all provisions of subsection 16-4.1, Retail Food Establishments, of this section must be met.

Septic tank and grease tank pump out and maintenance reports must be submitted annually with the license renewal.

§ 16-4.5 Health and Fitness Recreational Establishments.

License Required. It shall be unlawful for any person to operate a health and fitness recreational facility not specifically covered by subsection 16-4.4, Public Recreational Bathing of this section as a recreational bathing facility without first having procured a license from the local board of health and without complying with all of the provisions of this section and Subchapter 6 "General Sanitation and Maintenance" of N.J.A.C. 8:26-6 concerning construction and maintenance of the facilities as contained in the aforementioned Administrative Code.

Changes in owner or operator shall require a new license.

Licenses shall be issued annually and expire June 30.

Fees shall be collected according to the schedule established in subsection 10-5.4, Miscellaneous Licenses and Permits of the Revised General Ordinance of the Township of Hopewell 1978.

Septic tank and grease tank pump out and maintenance reports must be submitted annually with the license renewal.

Floor and equipment plans for all new facilities and/or the renovation, repair or alteration of all existing facilities shall be submitted and reviewed by the health department prior to issuance of any permits by the municipal construction office for said construction, renovation, repair or alteration.

Hand sinks shall also be located in all locker areas, bathrooms and within any workout rooms or aerobic areas as determined by the health department.

At least one water fountain shall be provided with a cold-water extended fill faucet for filling bottles as determined by the health department.

§ 16-4.6 Youth Camps.

[Ord. #BOH:2003-2, § 1]

The New Jersey Youth Camp Safety Standards, N.J.A.C. 8:25.1 et seq., May 4, 1998, and any amendments or revisions thereto shall govern youth camps.

§ 16-4.7 Public Campgrounds.

[Ord. #BOH:2003-2, § 1]

The New Jersey State Sanitary Code, Chapter XI, Public Campgrounds, N.J.A.C. 8:22-1 et seq., July 10, 1996, and any amendments or revisions thereto shall govern public campgrounds.

§ 16-4.8 Massage and Bodywork Establishments.

[Ord. #2018-1681]

See also Section 16-16.

License Required. It shall be unlawful for any person to conduct a Massage and Body Work Therapy Establishment, as defined in and governed by N.J.S.A. 45:11, provisions of this section, all other State and Federal regulations, and all revisions thereto, without first having procured a license from the local Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned regulations.

Changes in owner or operator shall require a new license.

Licenses shall be issued annually and expire June 30.

Fees shall be collected according to the schedule established in Chapter 10 of the Revised General Ordinance of the Township of Hopewell 1978.

Plan Review. The following documentation shall be submitted for review by the health department in conjunction with any new Massage and Body Work facilities:

A detailed floor plan showing all floors of the facility locating the following:

Waiting Areas.

Restrooms.

Changing Rooms.

Massage Rooms/Treatment Areas.

(e)

Entrances & Exits.

(f)

Storage Areas.

(g)

Plumbing Layout.

Finish materials plan for all floors, walls and ceilings.

Licensed Professional Engineer's certification of septic system size and function for proposed business (if applicable).

Well water analysis report from a New Jersey Department of Environmental Protection certified laboratory for all New Jersey Private Well Test Act (N.J.A.C. 7:9E) parameters (if applicable).

Minimum Facility Requirements. Each massage and bodywork therapy establishment shall meet the following requirements at all times during operation:

All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall be constructed of material with surfaces which are smooth, non-absorbent, and which may be readily disinfected.

A public restroom shall be available to clients and employees during all business hours.

Water closets and lavatories shall be in conformance with the regulations set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.

If bathing, dressing and locker facilities are provided for the patrons and male and female patrons are served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

The premises shall have adequate equipment for disinfecting non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.

Adequate hand washing facilities shall be conveniently located to each treatment area to maintain clean hands and arms of all employees before, after and during treatments. Each individual massage and body work room or station shall be provided with hand wash sink, towels and waste receptacle with self-closing lid.

Hand sinks shall be provided with hot and cold water capable of delivering running water under pressure at a temperature of 90-110° F.

Operating Requirements. Each massage and body work therapy establishment shall operate in compliance with N.J.A.C. 13:37A-1.1 et seq., commonly known as "New Jersey Board of Massage and Bodywork Therapy."

§ 16-4.9 (Reserved)

§ 16-4.10 General Provisions.

[Ord. #BOH:2003-2; Ord. #2018-1681]

Enforcement. Whenever the health officer or his/her designee reasonably believes a violation of this section exists, he/she may issue a summons after discovery of the violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section violated.

The health officer or his/her designee charged with enforcement of this section after giving proper identification may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.

Suspension or Revocation of License. Any license issued under the terms and provisions of this section may be suspended or revoked by the board of health of this township for the violation by the licensee of any provisions of this section.

Grounds for revocation shall include but not be limited to:

A licensee being issued three evaluations of conditionally satisfactory as defined in N.J.A.C. 8:24-9.11 within a twelve-month period.

A licensee being issued two or more summonses within a twelve-month period for similar violations of State law or local ordinances and found guilty of the offense on two or more incidents.

A licensee failing to adhere to an order (as defined by N.J.A.C. 8:24-9.6) issued by the health department requiring the establishment to be closed in order to protect the public health.

A licensee failing to adhere to an order (as defined by N.J.A.C. 8:24-9.6) issued by the health department requiring any employee of the retail food establishment suspected of being ill or infected with a disease, or suspected of being a carrier of a disease, which may be transmitted through food, to leave the establishment and refrain from returning to work in or about such establishment until permission is granted by the health department.

A licensee failing to adhere to an order to embargo in accordance with N.J.S.A. 24 any food, drug, device or cosmetic.

A licensee selling or providing tobacco or alcohol to any person in violation of State law or local ordinance.

Whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality.

Hearing. A license issued under the terms and provisions of this section shall not be revoked, cancelled or suspended until the board of health thereon shall have had a hearing. Written notice of the time and place of such hearing shall be served upon the licensee at least three business days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice shall be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing on said license. At the hearing before the board of health the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the board of health, the complaint may be dismissed, or if the board of health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the city unless the application for such license shall be approved by the board of health.

Applicability. No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal Government.

Severability. If any chapter, section, subsection or paragraph of this section is declared to be unconstitutional, invalid, or inoperative, in whole or in part by a court of competent jurisdiction, such determination shall be deemed not to invalidate the remaining chapters, sections, subsections or paragraphs of this section.

Application. This section shall be liberally construed for the protection of the health, safety and welfare of the people of Hopewell Township.

Penalty.

Penalties for violation of this section shall be as provided in Chapter 3 Law Enforcement Regulations of the Revised General Ordinances of the Township of Hopewell and payable to the treasury of the municipality.

Except as otherwise provided, each and every day in which a violation of any provision of this section continues shall constitute a separate violation.

§ 16-5 DROUGHT EMERGENCY AND WATER CONSERVATION.

§ 16-5.1 Criteria to Declare Emergency.

[Ord. #11-1539]

Whenever Hopewell Township finds, based upon the following criteria, that drought conditions exist within the township, the township committee shall declare that a drought emergency exists and that a water conservation program be initiated.

A drought emergency shall be found to exist if two or more of the conditions of State and National drought information systems, as noted below, have occurred.

Precipitation during the preceding 60 days is two inches or more below normal precipitation;

Water levels in township waterways streams are less than the seven day-2 year low flow as calculated by the U.S. Geological Survey (USGS). In ponds or lakes water levels are two feet or more below normal elevations;

Administrative actions taken by the Delaware River Basin Commission in relation to stream flows in the Delaware River;

Declaration of a water emergency by the Governor;

Declaration of a water emergency by adjoining municipality or municipalities;

Designation by the New Jersey Department of Environmental of a drought watch or drought warning condition; or

The inclusion of the Township region within an area designated as abnormally dry or drier on the National Integrated Drought Information System monitored weekly at: http://www.drought.gov/portal/server.pt/community/drought.gov/202

Water levels equal to or greater than two feet below the Historical Daily Median as defined by U.S. Geological Survey (USGS) for an observation well located within the Township or adjoining municipality and monitored by the USGS.

§ 16-5.2 Water Conservation Restriction.

[Ord. #11-1539]

Upon declaring a drought emergency the Township Committee shall establish water conservation restrictions considering the nature and extent of the water emergency. Such measures shall be based upon the National Integrated Drought Information System:

DO: Abnormally dry.

Topping of swimming pools, by no more than two inches of depth, is acceptable but no pool filling with water from homeowner wells. It is acceptable to fill pools with water provided by Fire Departments.

D1: Moderate drought.

Watering limited to once per week for established (i.e., > 2 years old) lawns, landscaped areas and woody vegetation (e.g. shrubs and trees)

No car washing except at commercial car washing facilities

Watering limited to odd or even days for new (< two years old) lawns, landscaped areas and woody vegetation

No pool filling is acceptable; topping off (less than two inches depth) permitted

D2: Severe drought.

No watering of established lawns, landscaped areas and woody vegetation

Watering limited to once per week for new plantings

No car washing

No pool filling or topping off

D3: Extreme drought.

In addition to prior restrictions,

All outdoor water use prohibited

Indoor use for laundry and dishwashing limited to every other day

D4: Exceptional drought.

Same restrictions as for D3

Water conservation restrictions shall be effective immediately upon publication and shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed by resolution of the township committee.

Any water conservation restrictions imposed pursuant to this section shall apply equally to both users on privately owned wells and users served by a public utility.

Nothing in this subsection shall be read so as to prohibit, restrict or limit water usage where a bona fide health emergency exists.

§ 16-5.3 Notice.

[Ord. #11-1539]

Reasonable attempts shall be made to notify citizens and residents of the township of the existence of a drought emergency, the water conservation restrictions imposed, and the penalties for violations.

§ 16-5.4 Enforcement and Penalty.

[Ord. #11-1539]

Water conservation restrictions shall be enforced during a drought emergency by the local authorized official who shall be one of the following individuals; the zoning officer, the health officer or designee, township police or the township engineer. The local authorized official is hereby empowered to write summons for the violation of the water conservation restrictions imposed pursuant to this section.

Whenever the local authorized official determines that a violation of the water conservation restrictions has occurred on particular property, regardless of the source of the water, the authorized official shall first issue a notice of violation to the property owner. The initial violation shall require a written warning which shall include an explanation of the drought emergency and penalties for violation. Subsequent violations during the same drought emergency shall be cause to issue a summons.

After a warning for a first offense any person or business that thereafter violates the water use restrictions imposed pursuant to this section shall be subject to the penalty provisions as set forth in Chapter 3 Law Enforcement Regulations of the Revised General Ordinances of the Township of Hopewell and payable to the treasury of the municipality.

Except as otherwise provided, each and every day in which a violation of any provision of this section continues shall constitute a separate violation.

§ 16-6 WELLS, WELL TESTS, AND WATER SUPPLIES. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. BH:86-1, BH:87-1, BH:87-2, BH:88-2 and BH:2001-2. See also section 16-17 for regulations pertaining to testing and reporting requirements for wells prior to transfer of property, changes in use and/or changes in tenancy.

§ 16-6.1 Purpose.

[Ord. #03-1299, § 1]

The purpose of this section is to assure that adequate water supply is available without adverse effect on others and to maintain the long-term natural equilibrium of the ground and surface waters of Hopewell Township.

§ 16-6.2 Applicability.

[Ord. 03-1299, § 1]

The provisions of this section are applicable to all new, altered and replacement supply wells, wells on existing lots, and wells installed or to be partially or totally used for nonessential use. Residential subdivision applications creating more than one new lot and all site plan applications must satisfy the requirements of section 17-149 et seq. of Hopewell Township's Municipal Land Use and Development Ordinance. In the event that the requirements of section 17-149 are not applicable or are waived, then the provisions of this chapter shall be applicable.

§ 16-6.3 Prohibition.

[Ord. #03-1299, § 1]

Based on the limited groundwater resources within Hopewell Township as outlined in M2 Associates March 2, 2001 report entitled "Evaluation of Groundwater Resources of Hopewell Township, Mercer County, New Jersey", no wells shall be permitted to be connected to a permanent irrigation system except if that system is used entirely for commercial agricultural purposes. In addition, no wells can be used for the filling of swimming pools.

§ 16-6.4 Exemption.

[Ord. #03-1299, § 1]

A replacement well as defined herein is exempt from the requirements of section 16-6 provided that the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 et seq. and there have been no changes to the floor space within the existing residence. A new well located more than 20 feet from an existing well is not deemed a replacement well. If classified as a commercial farm by the Mercer County Agricultural Development Board, the applicant may apply for an exemption from all or part of the requirements of this chapter from the board of health, which shall consider the farm status of the operation and its potential impacts on water resources in rendering a decision.

§ 16-6.5 Definitions.

[Ord. #03-1299, § 1]

ABANDONED WELL

Shall mean any well which is not in use, has been illegally installed or improperly constructed, has been improperly maintained or is damaged, has not been maintained in a condition that ensures that the subsurface or percolation water of the State are protected from contamination, has been replaced by another well or connection to a public supply, is contaminated, is nonproductive, or no longer serves its intended use pursuant to the State Act.

ABANDONMENT OR DECOMMISSIONING OF A WELL

Shall mean the permanent closure or sealing of a well in accordance with N.J.A.C. 7:9D-3 et seq.

ALTER

Shall mean to enlarge, deepen or replace any portion of an existing water supply system. The terms "alteration" and "altered" shall be construed accordingly.

APPLICANT

Shall mean a developer or property owner submitting an application for development or permit to install or use a well.

APPLICATION FOR DEVELOPMENT

Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

APPLICATION FOR WELL PERMIT

Shall mean the application form and all accompanying documentation required by the township for approval to locate, construct or alter a water supply in accordance with subsection 16-6.6a of this section and as authorized by N.J.A.C. 7:10-12.40.

AQUIFER

Shall mean the rock or sediment in a formation, group of formations, or part of a formation, which is saturated and sufficiently permeable to transmit economic quantities of water to wells and springs.

BUILDING LOT

Shall mean a designated parcel, tract or area of land established by plat or otherwise permitted by law, to be used, developed or built upon as a unit and for which the water supply is obtained from a private on-site well.

COMMUNITY WATER SUPPLY SYSTEM

Shall mean a source and distribution system for potable water subject to the requirements of N.J.S.A. 58:12A-1.1 et seq. and N.J.A.C. 7:10-1.1 et seq.

CONE OF DEPRESSION

Shall mean the area around a pumping well in which the head in the aquifer has been lowered.

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DRAWDOWN

Shall mean the lowering of the water table of an unconfined aquifer or the potentiometric surface of a confined aquifer caused by pumping of groundwater from wells. Drawdown is determined by subtracting the depth to water from the static water level (determined prior to the start of pumping).

FRACTURE TRACE

Shall mean the surface representation of a fracture zone.

GROUNDWATER

Shall mean the water in the saturated zone that is under a pressure equal to or greater than atmospheric pressure.

GROUNDWATER MINING

Shall mean the practice of withdrawing groundwater at rates in excess of natural recharge.

HEAD

Shall mean the height above a datum plane of a column of water. In a groundwater system, it is composed of elevation head and pressure head.

IRRIGATION SYSTEM

Shall mean equipment including but not limited to pumps, piping, and sprinkler heads used to distribute water to grasses, landscape materials, and other vegetation.

LOCAL AGENCY

Shall mean the board of health, which is the municipal agency responsible for review and approval of an application for well operation.

LOCAL ENFORCEMENT OFFICER

Shall mean the township health officer or other technical representative of the township as may be designated by the Hopewell Township Board of Health.

NJDEP

Shall mean the New Jersey Department of Environmental Protection.

NONESSENTIAL USE

Shall mean a partial or total use, other than as water for a residence, including irrigation or filling of swimming pools, provided that a construction permit is required.

NONESSENTIAL WELL

Shall mean a well installed or used partially or totally for a purpose other than serving as the source of water for the residence.

OBSERVATION WELL

Shall mean a nonpumping well used to observe the elevation of the water table or the potentiometric surface. Also known as monitoring well.

PLOT PLAN

Shall be a map prepared by a New Jersey licensed professional engineer, based upon a plan of survey and identifying all existing and proposed septic systems and wells within 200 feet of the proposed well(s) in addition to requirements of N.J.A.C. 13:40-5.1 and subsection 16-12.6 of the Hopewell Township Sewage Disposal System Code.

PRIVATE OR NONPUBLIC WELL

Shall mean any water system/well that provides potable water solely to a property or structure intended as a single-family residence.

PUBLIC WELL

Shall mean any water system/well(s) that provides potable water to any property or structure that is not served by a private or nonpublic well and is not intended to serve a single-family residence.

PUMPING TEST

Shall mean a test made by pumping a well for a period of time and observing the change in water level in the aquifer.

PUMPING TEST, CONSTANT RATE

Shall mean a pumping test during which the discharge rate from the pumping well is maintained at a constant rate for the duration of the test.

RECOVERY

Shall mean the rate at which the water level in a well rises after the pump has been shut off. Recovery is the inverse of drawdown.

REPAIR

Shall mean the restoring or modifying of a well to improve its operation.

REPLACEMENT WELL

Shall mean a well installed for the sole purpose of replacing an existing private well that no longer meets the demands of the existing residence provided there are no alterations to the residence and the new well is installed within 20 feet of the existing well.

SPECIFIC CAPACITY

Shall mean an expression of the productivity of a well, obtained by dividing the pumping rate by the drawdown level and described on the basis of the number of hours pumping prior to measurement of drawdown. The value will generally decrease with increased time of pumping.

STATIC WATER LEVEL

Shall mean the depth to water in the well prior to the commencement of pumping.

STORAGE COEFFICIENT

Shall mean the volume of water an aquifer releases from or takes into storage per unit surface area of the aquifer per unit change in head. It equals the product of specific storage and aquifer thickness. Also known as storativity.

TRANSMISSIVITY

Shall mean the rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer or confining bed under a unit hydraulic gradient. Transmissivity equals hydraulic conductivity times aquifer thickness.

USEPA

Shall mean the United States Environmental Protection Agency.

WELL INTERFERENCE

Shall mean the result of two or more pumping wells, the drawdown cones of which intercept. At a given location, the total well interference is the sum of the drawdowns due to each individual well.

Additional definitions included in section 17-149 Water Supply and Analysis Requirements are also applicable.

§ 16-6.6 Permits.

[Ord. #03-1299, § 1]

Well Permits. No person shall locate, construct, repair, deepen, abandon, decommission or alter any well, or utilize an existing well for any nonessential use, without first receiving a well permit from the board of health. All abandoned wells must be decommissioned in accordance with the procedure set forth in N.J.A.C. 7:9D, "Well construction; maintenance and sealing of abandoned wells, Subchapter 3.1 General requirements and procedures for the decommissioning of wells." Inspections shall be scheduled and performed by the board of health as part of the permit requirements. Emergency activity due to "no water" may proceed without inspection and prior to the issuance of a permit in order to restore water to a property. However, the board of health must be notified of the activity as soon as possible but no later than the next business day. Applicant shall post all appropriate fees for the applicable permit, including fees for nonessential use and nonessential wells as specified in Chapter 10.

Construction Permits. No construction permit for a new home or other structure shall be issued unless the well intended to serve the home(s) or structure(s) has been drilled, tested and certified by the applicant's engineer or well driller as complying with State standards for the construction of public noncommunity and nonpublic water systems (N.J.A.C. 7:10-12.1 et seq.), subsections 16-6.6, 16-6.7 and 16-6.8 of this section, and approved by the local enforcement officer.

Pump Replacement Permits. No well pumps shall be replaced without first securing a well pump replacement permit. All buried wells shall be extended in accordance with N.J.A.C. 7:10-12.20 Wellhead requirements. Emergency pump replacements due to "no water" may proceed without inspection and prior to the issuance of a permit in order to restore water to a property. However, the board of health must be notified of the activity as soon as possible but no later than the next business day.

Reports on the repair, replacement or abandonment of all wells and well pumps shall be submitted no later than 30 days upon completion of permitted activity.

Well Use Certificate of Compliance. No person shall begin operation of a well until the local agency has reviewed the report of the local enforcement officer and issues a well use certificate of compliance.

§ 16-6.7 Drilling and Location Requirements.

Construction Criteria. All wells shall conform to the standards for the construction of nonpublic and noncommunity wells as promulgated by the New Jersey Department of Environmental Protection, N.J.A.C. 7:10-12.1 et seq., with the following amendments:

A minimum of 50 feet of well casing shall be provided for all wells.

Hydrofracturing of the geologic formation to increase yields prior to aquifer testing is prohibited.

Location Requirements.

No wells shall be located within 100 feet of any other existing or proposed well or within 10 feet of an existing or proposed lot line.

No existing well shall be built over by any realty improvement that would inhibit access to the well for any repair, replacement or decommissioning.

Permits Required. It shall be the responsibility of the owner or the applicant or well driller to obtain a permit prior to drilling.

Well Disinfection. All existing wells that are monitored, and all new wells shall be disinfected in accordance with the standards of the New Jersey Department of Environmental Protection.

§ 16-6.8 Aquifer Testing Requirements.

[Ord. #03-1299, § 1]

All observation wells shall be tested for bacteriological quality prior to and post monitoring. The health department and the property owner of any existing residential well used as an observation well shall be notified of any unacceptable results immediately by the laboratory. Certified copies of the test results shall be submitted to the local enforcement officer.

New or Altered Wells, Including Residential Subdivisions Creating One New Lot.

A three-part aquifer test will be conducted with the first part evaluating the peak demand, the second part determining the constant head yield and the third part determining the rate of recovery.

The first two parts of the aquifer test will be conducted in accordance with the procedures outlined in the 1986 New Jersey Geological Survey (NJGS) Groundwater Report Series No. 1 "Two-Part Pump Test for Evaluating the Water Supply Capabilities of Domestic Wells".

The Peak Demand Evaluation will be conducted in accordance with the following:

(a)

Daily Demand equals 200 gallons multiplied by the number of bedrooms.

(b)

Peak Load equals 50% of the Daily Demand.

(c)

Peak Rate equals three gallons per minute multiplied by the number of bathrooms.

(d)

Peak Time equals Peak Load divided by Peak Rate.

(e)

The well will be pumped at a rate equal to the Peak Rate for a minimum duration equal to the Peak Time.

(f)

The depth to water will be measured prior to the start of pumping to determine the Static Water Level.

(g)

Depth to water measurements will be made at minimum intervals of five minutes during the Peak Demand Evaluation. Drawdown will be calculated by subtracting each measurement from the Static Water Level.

(h)

The water level must be measured at the conclusion of the Peak Demand Evaluation and the Total Drawdown recorded.

(i)

The well is deemed to have satisfied the Peak Demand Evaluation if it can be pumped for the Peak Time at the Peak Rate. If the well is incapable of yielding the Peak Rate for the Peak Time, a well use permit will not be issued.

(j)

A well that does not satisfy the requirements of the Peak Demand Evaluation must be altered to increase storage or decommissioned, in accordance with appropriate NJDEP regulations.

The Constant Head Yield Evaluation will be conducted in accordance with the following:

(a)

Immediately upon completion of the Peak Demand Evaluation and without cessation of pumping, the pumping rate must be reduced within the well until drawdown within the well can be maintained at a constant head. A constant head condition exists if the drawdown within the well does not change more than a 0.5 foot per hour.

(b)

The depth to water must be measured in one-minute intervals until a constant head is maintained continuously for a minimum duration of 10 minutes. The Constant Head equals the depth to water within the well at the conclusion of the ten-minute interval.

(c)

Once a Constant Head is determined, the pumping rate must be measured to determine the Constant Head Yield.

(d)

The Constant Head Yield Evaluation commences upon determination of the Constant Head and Constant Head Yield. During the Constant Head Yield Evaluation, the well must continue to be pumped at a rate that maintains drawdown within the well within a 0.5 foot of Constant Head determined prior to the start of the Constant Head Yield Evaluation.

(e)

The depth to water and the pumping rate must be recorded every five minutes upon commencement of the Constant Head Yield Evaluation.

(f)

If the pumping rate fluctuates more than 10% or the drawdown changes more than a 0.5 foot, the Constant Head Yield Evaluation must be restarted and the new Constant Head and Constant Head Yield must be maintained continuously for 10 minutes prior to recommencement.

(g)

The duration of the Constant Head Yield Evaluation will equal to the lesser time duration of the following: i) the volume of water removed from the aquifer equals 50% of the Daily Demand; or ii) two hours.

(h)

At the conclusion of the constant Head Yield Evaluation, the drawdown and pumping rate must be recorded.

(i)

The well is deemed to have satisfied the Constant Head Yield Evaluation if the Constant Head Yield multiplied by 1440 minutes per day exceeds twice the Daily Demand.

(j)

A well that does not satisfy the requirements of the Constant Head Yield Evaluation must be altered to increase the yield or decommissioned in accordance with appropriate NJDEP regulations.

Recovery Rate Evaluation.

(a)

Immediately upon completion of the Constant Head Yield Evaluation, the pump is shut down and the Recovery Rate Evaluation commences.

(b)

Water levels are measured at a minimum interval of one minute during the first 10 minutes of the Recovery Rate Evaluation and then at five minute intervals for the next 50 minutes and then at 10 minute intervals until the conclusion of the Recovery Rate Evaluation.

(c)

Residual Drawdown is calculated by subtracting the Recovery Rate Evaluation depth to water measurements from the static water level measurement made prior to the start of the Peak Demand Evaluation.

(d)

The duration of the Recovery Rate Evaluation will equal to the lesser time duration of the following: i) the water level in the well recovers 80% of the drawdown determined at the conclusion of the Constant Head Yield Evaluation; or ii) four hours.

(e)

The well is deemed to have satisfied the Recovery Rate Evaluation if Residual Drawdown after four hours of recovery is less than 20% of total drawdown.

(f)

A well that does not satisfy the requirements of the Recovery Rate Evaluation must be altered to increase the yield or decommissioned in accordance with appropriate NJDEP regulations.

Nonessential Wells and Nonessential Usage of Wells.

Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test and qualifications of the persons and firm who will be performing the test, to the local enforcement officer.

The design of the aquifer test shall be developed using the applicable guidance from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Application with an Appendix on Aquifer-Test Analysis Procedures" NJGS GSR 29 (1992 or most recent edition) or successor document.

Phases. The aquifer test will be conducted in three phases, which are the background phase, the pumping phase, and the recovery phase.

(a)

The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shut down. This third phase of the test should be, at a minimum, the same length as the pumping phase.

(b)

The aquifer test (all three phases) shall not be conducted during precipitation event or events in which total precipitation exceeds or equals one-half of an inch. Precipitation must be recorded with a National Weather Service-acceptable rain gauge on site during all phases of testing, and measurements for each day must be included in the hydrogeologic report. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding one-half of an inch are recorded, the test must be repeated.

(c)

The pump must be installed in the pumping well at least 48 hours prior to the start of the background phase.

(d)

Prior to starting the background phase, water levels in the test well and observation wells must be permitted to stabilize for a minimum of three days after all drilling activities are complete.

(e)

During the background phase, water levels must be collected at a minimum once per hour for the twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.

(f)

On the day of the pumping phase, water levels shall be collected from all wells to determine static water levels prior to the start of pumping. Water levels in wells on neighboring properties should be allowed to stabilize at or near static water level prior to the start of pumping. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected to show that the well has fully recovered prior to the start of pumping.

(g)

When the pump is started, the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant-rate test and in accordance with the approved aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.

(h)

Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 1. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.

Table 1: Minimum Frequency of Water-Level Measurements in Wells During Pumping and Recovery Phases of Aquifer Test
Time Since Pumping Began or Stopped	Test Well	Observation Wells
0 to 5 minutes	0.5 minutes	0.5 minutes
5 to 10 minutes	1 minute	1 minute
10 to 30 minutes	2 minutes	2 minutes
30 to 60 minutes	5 minutes	5 minutes
60 to 120 minutes	10 minutes	10 minutes
2 to 24 hours	30 minutes	30 minutes

Rate and Duration. The minimum pumping rate will equal 120% of the maximum anticipated use rate. The minimum duration of the pumping phase will be 24 hours. The minimum duration of the recovery phase will be 24 hours.

If the demand exceeds 100,000 gallons per day, a New Jersey Water Allocation Permit must be obtained from the New Jersey Department of Environmental Protection.

The pumping rate will be measured by equipping the discharge pipe with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well.

The discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.

Observation Wells.

(a)

The number of observation wells required per aquifer test will depend on the maximum daily demand. Observation wells must be located in such a manner that will yield the most accurate information concerning the aquifer.

(b)

Observation wells should be completed to similar depths as the pumping well.

(c)

Observation wells must be located parallel and perpendicular to strike of the primary regional fractures and those intersected by the tested well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.

(d)

A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the hydrogeologic report. This fracture trace analysis must be used to identify all observation wells on the site and should be used to identify neighboring property owner wells to be monitored during the test.

(e)

One observation well should be located within 200 feet but no more than 500 feet of the pumping well. If required, a second observation well must be within 1,000 feet of the pumping well.

(f)

The observation wells and pumping well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and yields of all waterbearing fractures. Furthermore, the logs must include static water level measurements and total yield estimates for each well.

(g)

Table 2 lists the number of observation wells required for anticipated maximum daily demand.

Table 2: Aquifer Test Requirements for Nonessential and Nonessential Usage Wells
Average Demand (gallons per day)	No. of Observation Wells
0 to 800	3
800 to 1,999	3 (minimum of 1 new well)
2,000 to 9,999	3 (minimum of 2 new wells)
10,000 to 99,999	6 (minimum of 2 new wells)
100,000 or more	Obtain NJDEP Water Allocation Permit

Evaluation of Results.

(a)

Precipitation. A test conducted during a period in which 0.5 of an inch or more of precipitation are recorded at or near the site must be repeated.

(b)

If the pumping rate does not exceed 120% of the maximum daily demand or cannot be maintained for a minimum of 24 hours, the aquifer beneath the site will be deemed insufficient to meet the proposed demands and the applicant must reduce site demands.

(c)

If the pumping rate varies by more than 10% of the average flow rate, the entire test shall be repeated.

(d)

If the pump shuts down during the pumping phase, the entire test must be repeated.

(e)

If water levels in the pumping and/or observation wells exceed the measurement capacity of the devices used for measuring changes in water levels, and measurements are not recorded with other devices in accordance with the schedule listed in Table 1,[1] the test must be repeated.

[1]

Editor's Note: Table 1 may be found in paragraph b3 of this subsection.

(f)

If the pumping data indicate a change in aquifer transmissivity as a result of fracture dewatering, all analyses of the potential radius of influence and impacts to neighbors, streams, and wetlands must be conducted using the lowered aquifer transmissivity. If this lowered transmissivity indicates that the anticipated demand cannot be supported by the aquifer beneath the site, the applicant must reduce the site demand.

(g)

For purposes of evaluating water-level recovery, the recovery phase duration will be equal to the pumping phase duration. For example, if the pumping phase is 24 hours in duration, water levels 24 hours after the pump has been turned off will be compared to the pre-pumping static water level to assess recovery rates and residual drawdown.

(h)

If residual drawdown in the pumping well or any observation wells exceeds 10% but is less than 20% of the total drawdown at the end of the recovery phase, the applicant must show through standard/recognized aquifer test analytical procedures and calculations that the well or wells are capable of full recovery. If full recovery cannot be shown or groundwater mining/dewatering has occurred, the applicant must reduce site demands.

(i)

If residual drawdown in the pumping well or any observation well exceeds 20% of the total drawdown at the end of the recovery phase, the aquifer will be deemed insufficient to meet the proposed site demands and the applicant must reduce site demands.

(j)

If the drawdown is measured to be more than one foot at any existing adjacent property well or along the property boundary, the applicant's hydrogeologist must evaluate long-term potential impacts to adjacent properties based on the actual condition of wells in that zone or along that portion of the site boundary.

(k)

If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary, then the aquifer will be deemed to have insufficient transmissivity to support the proposed site demands and the applicant must reduce demand to ensure that drawdown will not exceed five feet at any site boundaries.

(l)

If drawdown is projected to exceed 10 feet in any adjacent wells after 30 days of continuous pumping assuming no recharge, then the aquifer will be deemed insufficient to meet the applicant's demands and the demands must be reduced to ensure that well use during a drought will not adversely impact neighboring wells.

(m)

If drawdown is measured or projected to induce leakage from streams or wetlands partially or entirely dewatered, then the demand must be reduced to prevent adverse impacts to streamflow or wetlands.

10.

Additional Testing. Any test that must be repeated, restarted, or reconducted at a reduced demand must satisfy all the requirements of this section including but not limited to renotification of all property owners within 500 feet and resubmission of an aquifer test plan for local enforcement officer approval prior to implementation of the test.

§ 16-6.9 Water Quality Evaluation.

[Ord. #03-1299, § 1]

Groundwater samples must be collected from all newly constructed or altered wells.

The samples must be collected in accordance with the NJDEP Field Procedures Manual.

At a minimum, the samples shall be analyzed by a NJDEP certified laboratory for iron, manganese nitrate, total coliform, fecal coliform, hardness, Gross Alpha Particle Activity, arsenic, copper, and lead. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels using USEPA Method 524.2.

Field measurements of pH, conductivity, and total dissolved solids shall be made with calibrated instruments.

If site conditions indicate potential historic use of pollutants, such as heavy metals, pesticides, herbicides, and/or other volatile or semivolatile organic compounds at or near the site, these analyses must be conducted.

Based on past historical operations at the site or at nearby properties, the local enforcement officer may require additional analyses of groundwater to assess potential future and current impacts.

The results of the water sample analyses will be used to assess water quality.

§ 16-6.10 Property Owner Notification for Nonessential Wells and Nonessential Uses.

[Ord. #03-1299, § 1]

Notice Requirements for Nonessential Wells and Nonessential Uses.

Owners of existing wells on lots located within 500 feet of the subdivision/site plan boundary shall be given an opportunity to have their wells monitored during the aquifer test.

Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the aquifer test.

A notice acceptable to Hopewell Township is included in Appendix A.[1] This notice may be modified with approval of the township attorney and the local enforcement officer. If the application is pending before a board, the board with jurisdiction must also approve the change.

[1]

Editor's Note: Appendix A, referred to herein, may be found in the office of the board of health.

The notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible.

Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the subdivision boundaries.

The applicant shall provide a certificate of insurance for itself and all contractors utilized and pay all costs associated with the monitoring of any existing residential well.

Prior to monitoring, all buried wells must be raised to a minimum of 12 inches above grade to allow access and retrofitted with pitless well adapters etc. per N.J.A.C. 7:1012.20 well head requirements.

All wells shall be chlorinated each time they are opened for service or monitoring, unless the owner specifically waives the requirement of chlorination in writing. Bottled water shall be provided to the homeowners during the monitoring period and while the chlorine is detected above the acceptable limits of chlorination in the public water standards.

The costs of extending, restoring or replacing a well damaged as a result of testing shall be the responsibility of the applicant.

10.

The applicant shall indemnify and hold the township and its consultants and representatives harmless from any liability in connection with these testing requirements.

Response.

If the owner of the lot within 500 feet of the subdivision boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail or other traceable delivery, with postage or costs prepaid by the applicant.

Such response shall be provided within seven days of receipt of the certified notice from the applicant.

If the applicant receives no response within the time provided, the response shall be deemed to be negative.

All reasonable efforts must be made to protect the potability of water from the monitored well.

Selection of Wells for Monitoring.

In the case when more than three property owners within 500 feet of the subdivision boundaries decide to participate and to have their existing wells monitored, only the three closest properties need to be monitored.

However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three other wells.

A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the subdivision boundary that requested monitoring is to be submitted to the local enforcement officer for review and approval prior to implementing the test.

The observation wells on neighboring properties should be selected to assess if the cone of depression from the pumping well will extend beyond the property boundary in any direction.

The local enforcement officer reserves the right to retain a professional hydrogeologist to review the proposed monitoring locations and to make recommendations to revise the locations to be monitored.

§ 16-6.11 Reporting Requirements.

[Ord. #03-1299, § 1]

New or Altered Supply Wells.

The lot owner's well driller or engineer shall certify and furnish to the local enforcement officer the following information:

(a)

Addendum to well permit application showing the exact well location.

(b)

Date drilled.

(c)

Casing diameters.

(d)

Yield in gpm as defined above.

(e)

Geologic formation or rock type based upon maps and field observation.

(f)

Depth.

(g)

Depth of casing (fifty-foot minimum required).

(h)

Static water level (the elevation or depth of water in well prior to pumping or after pumping as measured from top of casing).

(i)

Pumping level (in feet).

Hours pumped.

Drawdown in feet.

Peak-demand yield.

Constant-head yield.

Recovery rate.

Recovery time.

Depth to bedrock.

Elevation at ground surface.

(r)

Pump type and specifications.

(s)

Observation methods and measurement details.

If in the judgment of the local enforcement officer, there is reason to believe that the purpose of this section may in any way be contravened by the proposed withdrawal, additional test pumping may be required by the enforcement officer.

Unless it can be demonstrated by the lot owner's engineer that yields are above the required rate of discharge for the system and there is no detrimental effect on surrounding wells, law irrigation systems are prohibited. Increased storage may be recommended.

Reporting Requirements for Nonessential Wells and Nonessential Uses.

An application shall include a report by a qualified hydrogeologist on the aquifer conditions beneath the site and demonstrate that adequate water supply is available without adverse effect on neighboring wells and other resources, including but not limited to wetlands and streams. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a bachelor's or master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principles to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements. The report shall cover or include site specifics on the following:

(a)

The report shall document the design and implementation of the aquifer test.

(b)

The report shall include all water level data collected during the aquifer test.

(c)

The report must include supporting data and calculations used to determine the average daily and peak-day demands as well as the average annual demands.

(d)

The report must include calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells.

(e)

All water level measurements obtained during the aquifer test shall be included with the report in electronic format acceptable to the township.

(f)

The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties.

(g)

The report must include a detailed evaluation of the water supply demand for an average and peak day and this demand should be supported with information on anticipated population, expected unit density, and size of units.

(h)

An inventory of all wells within 1,000 feet of the proposed site boundaries should be appended. This inventory should be submitted in electronic format acceptable to the township.

(i)

Figures depicting site geology, topography, water level elevations, groundwater flow, and development plans shall be included.

(j)

In addition, all water quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory report is necessary for filing with the township.

(k)

The report should include a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan depicting well, septic leach field, and fracture trace locations at a minimum scale of one inch equals 200 feet should be included. For any and all locations where a fracture or set of fractures intersects one or more wells and/or septic leach fields, a detailed assessment of treatment technologies should be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the wells will satisfy Federal and New Jersey Drinking Water Standards and will not be adversely impacted by the septic leach field discharges.

(l)

The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water level measurements. In addition, the report should include copies of the completed NJDEP Well Records.

On receipt of the report specified above, the local enforcement officer shall review the report and make comments and/or recommendations regarding the well application to the appropriate municipal agency.

The local agency shall not approve a well use application unless the applicant's report, the local enforcement officer's report and its own analysis support a conclusion that the applicant's plans for water supply will not unreasonably contravene the purposes of this section. The agency may disapprove an applicant's water supply plans giving its reasons, or may require additional surveys or tests before approving the application, or the local agency may approve the application and issue a well use permit when it is satisfied that the requirements of this section have been met.

§ 16-7 PUBLIC HEALTH NUISANCE CODE OF HOPEWELL TOWNSHIP.

[Ord. #BOH-2008-1, § I]

The purpose of this section is to protect and promote the public health through the control, abatement and prevention of nuisances of a public health concern. Alleged infractions of the provisions and standards set forth will be investigated by an enforcing official in each case presented. Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official will prevail in the determination of a violation.

OCCUPANT

Shall be defined as specified in the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case.

OWNER

PERSON

Shall mean and include an individual, firm, corporation, association, society, partnership, and their agents or employees.

PREMISES

Shall mean a house or building, together with its land and outbuilding.

PUBLIC HEALTH CONCERN

Shall mean any matters, conditions or things that cause worry, solicitude, or anxiety for the health, safety and welfare of the public due to their dangerous or unsanitary nature.

PUBLIC RESTROOM

Shall mean a room equipped with toilet facilities inarguably intended for public use in all public facilities and in establishments where commercial activity takes place.

RESIDENT

Shall mean any person occupying or maintaining a place of residence within the township.

RESIDENTIAL USE

Shall mean a dwelling unit, such as a home, condominium, trailer or a multifamily dwelling of two or more units.

RODENTS

Shall mean those rodents that have public health significance for disease transmission, property damage such as mice, rats, bats and other burrowing rodents etc.

SOLID WASTE

Shall mean any trash, garbage, junk, rubbish, refuse, litter, debris and other materials that when dumped, deposited, accumulated or abandoned create conditions of public health concern. This term shall include any animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods; discarded material such as; glass, wood, yard debris, grass/brush clippings, stone, concrete, plastic, ashes, cloth, rags, paper, metal, tires, street cleanings, dead animals, manure, appliances, furniture, equipment, automobiles, solid market wastes, construction materials, industrial wastes, chemical wastes, recyclable materials and containers, and all discarded appliances.

TOWNSHIP

Shall mean the Township of Hopewell, County of Mercer, and State of New Jersey.

USABLE MATERIALS

Properly stored are nonperishable materials stored for new construction or other items intended to be used within 30 days and are stored off the ground and maintained in such a matter that they do not provide habitat for insects or rodents.

WATER DRAINAGE AND ACCUMULATION

Shall mean the runoff, discharge or drainage of water from any premises or building which results in the accumulation of stagnant water. This subsection shall not apply to water retention areas and/or reservoirs approved by the municipal engineer.

WEEDS

Shall mean the growth, existence or presence of any noxious weeds of any height or the growth, existence or presence of any other weeds or plant growth in excess of 10 inches. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers, landscaped areas and gardens.

§ 16-7.2 Nuisances Defined and Prohibited.

[Ord. #BOH-2008-1, § I; Ord. #BOH-2013-1 § 1]

Any matter, thing, condition or act which after investigation by the health officer or other enforcing official is deemed to be injurious, detrimental or a menace to the public health or environment or is deemed to be an annoyance or interfere with the comfort or well-being of the inhabitants of the township is hereby declared to be a nuisance and shall include but not be limited to the following.

Pollution or the existence of a condition or discharge or release which causes or threatens pollution of any surface water or subsurface water of the township.

The escape or entrance into open air/outdoor environment from any stack, vent, chimney, process or from any fire of such quantities and duration of smoke, fly ash, dust, fumes, vapors, mists, or gases that tend to be injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the township.

The growth, existence or presence of ragweed, of 10 inches in height or greater, or in such a quantity so as to cause damage or injury to adjacent properties or be a public health concern, on any plot of land, lot, highway, street, sidewalk, right-of-way or any other public or private place within 200 feet of an occupied dwelling.

The growth, existence or presence of poison ivy, of 10 inches in height or greater, or in such a quantity so as to cause damage or injury to adjacent properties or be a public health concern, within 20 feet of an adjoining property line of an occupied residential or commercial property, sidewalk or right-of-way.

The growth, existence or presence of any weeds or noxious weeds, of 10 inches in height or greater, or in such a quantity so as to cause damage or injury to adjacent properties or be a public health concern, on any approved residential or commercial property with the exception of approved State, County or local designated conservation areas or other restricted use areas. Subdivision lots approved but not issued final certificate of occupancy are included.

All residential and commercial lawn areas are to be maintained and mowed and may not to exceed 10 inches in height. Areas allowed to return to natural conditions must be approved by the Health Department per subsection 16-7.3 of this section.

The existence or presence of dead trees or limbs on any land within 50 feet of an adjoining dwelling or within 20 feet of an adjoining residential property line which will cause damage to adjoining property or structures.

Any dead or dying tree that harbors insects or rodents.

The presence on any plot of land, highway, street, right-of-way or any other public or private place of any solid waste, but excluding usable materials properly stored. The practice of composting shall not fall within the meaning of this subsection, provided that such compost pile, mound or area is maintained on one's own private property and is properly maintained so as not to present offensive odors, the breeding or harborage of flies or other insects, rodents, vermin or any other public health nuisance.

10.

Depositing, dumping, accumulating, maintaining or otherwise allowing any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects, rodents or pigeons of a public health significance in or on any land premises, building or other place.

11.

The existence or presence of any accumulation of solid waste which may attract insects, rodents or other vermin and to which insects, rodents or other vermin may have access, or in which they may breed or dwell.

12.

The existence or presence of any water or other liquid in which mosquito eggs, larvae or pupae exist or of any condition which allows water to lie, pond, stand or otherwise accumulate so as to provide a breeding environment for mosquitoes. The meaning of this subsection shall not apply to ponds where fish are adequately maintained so as to preclude the breeding of mosquitoes. This section shall not apply to fountains or swimming pools which maintain adequate circulation to preclude the breeding of mosquitoes.

13.

The keeping of any animal or animals in such a manner as to cause or present a source of foulness, odors or breeding of insects, rodents or other vermin.

14.

The existence or maintenance of any condition which may reasonably constitute a safety hazard, an attractive nuisance or otherwise present a threat to the safety and well-being of the inhabitants of the township or of the public at large, including but not limited to the following:

(a)

Any vacant building which is not adequately sealed, boarded up or otherwise secured so as to preclude the entry of inquisitive minors or others. (See also Section 11-4 of the Hopewell Township Revised General Ordinance and the New Jersey Fire Code.)

(b)

Any excavation, depression, hole, shaft, abandoned or unused well which is of such depth or dimension so as to present a hazard in terms of one falling into or being entrapped therein and which has not been adequately fenced or sealed so as to prevent injury or harm.

(c)

Any discarded refrigerator, cabinet, automobile or other piece of equipment, machinery, device or material which may offer or present an enclosure and a hazardous attraction to children or others which has not been properly sealed or discarded.

(d)

Any dead or dying trees or limbs in such proximity to a dwelling, building, street, sidewalk, pathway, right-of-way, thoroughfare, driveway, park, playground or other frequented area where the falling of the tree or part thereof would endanger life, threaten injury or damage property.

15.

The willful abandonment of any domestic animal within the boundaries of the township.

16.

Accumulation and storage of solid waste on any private or commercial property unless properly contained or stacked for disposal not to exceed 14 days.

17.

Placement of solid wastes at curb for more than five days prior to scheduled pick up date. All items must be removed after the fifth day if not collected due to weather or the fault of the hauler. Nonpayment of contractor for these services is not an acceptable reason for allowing items to remain.

18.

Any sidewalk, walkways, driveway, parking spaces or similar area containing cracks, pothole, or other defect which creates a hazardous condition or which is obstructed by plant growth or other natural or artificial barrier.

19.

The discharge from sump pumps from any premises or building which results in the accumulation of ice or stagnant water on public roadways or onto an adjoining property without permission of adjoining property owner or township.

20.

Public restroom shall be kept in good repair; all surfaces of fixtures, walls and floors are cleaned on a regular schedule and must be provided with running hot and cold water of adequate pressure per plumbing code. A supply of toilet paper, soap and hand drying supplies or equipment shall be provided at all times. Hand washing signs shall be posted.

It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.

§ 16-7.3 Return of Land to its Natural Condition Due to Larger Residential Lot Zoning.

[Ord. #BOH-2008-1, § I]

Whenever cultivated farmland is no longer actively farmed and considered for development or conversion to preserved open space there is a tendency to allow these lands to convert back or to go unmowed, to the extent that they are creating a public health nuisance with such condition including wildlife harborage and nuisance weeds problems for both adjoining residential lot owners and farmers. Therefore, these lands are to be stabilized with appropriate vegetation, pre-emergent weed control or mowed.

In residential large lot subdivisions, of two acres or greater, the owner, tenant or occupant of lands may make an application to the health department to allow land to revert back to its natural condition, but in such a manner that will not allow for the establishment of noxious weeds or rodent harborage. Reforesting with one and one-half to two inch diameter or larger assorted pines and hardwood trees is recommended. Wildflower areas are to be maintained and mowed annually.

The application will require submission of a survey of the subject land.

The plan must be consistent with recommendation of the horticulturist from Rutgers Cooperative Research and Extension of Mercer County.

§ 16-7.4 Housing Standards of Habitability.

[Ord.#BOH-2008-1, § I]

It shall be unlawful for the owner of any building to allow occupancy as a residence which is not in compliance the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case. (See also Section 11-4 Demolition and Repair of Buildings).

It shall be unlawful for the owner of any building to allow occupancy as a business, commercial or industrial establishment which is not in compliance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq. and or where the New Jersey Department of Labor and Industry or the United States Occupational Safety and Health Act provides otherwise.

§ 16-7.5 Inspection of Premises for Violations; Denial of Entry; Warrant.

[Ord. #BOH-2008-1, § I]

All places and premises in this township shall be subject to inspection by the health officer or other enforcing official if that official has reason to believe that any subsection of this section is being violated.

It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the board of health or other enforcing official upon presentation of identification from having full access to any place or premises upon which a violation of this Code is believed to exist. In the event that entry to any place or premises is denied by any owner or tenant, the enforcing official shall obtain the appropriate warrant for entry through the municipal court.

§ 16-7.6 Abatement of Nuisances.

[Ord.#BOH-2008-1, § I]

Whenever a nuisance is declared by subsection 16-7.2 of this section is found on any plot of land, lot, right-of-way or any other premises or place, a violation shall be given to the owner, in writing, to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. Notice to the owner, or the violation and time to abate, shall be deemed complete as of the date of the violation notice if served personally on the property owner. Notice to the owner, of the violation and the time to abate, shall be deemed complete three days after the date on the violation notice, if served by regular first class mail, or posted at or on the subject premises.

If the owner resides out of state or cannot be notified speedily, such notices shall be left at the place or premises with the tenant or occupant or posted on the premises, and such action shall be considered proper notification to owner, tenant or occupant. Notice to the owner, tenant or occupant, of the violation and the time to abate, shall be deemed complete as of the date of the violation notice, if served personally on the tenant or occupant. Notice, of the violation and the time to abate, shall be deemed complete three days after the date on the violation notice, if served by regular first class mail, or posted at or on the subject premises.

Whenever a nuisance as declared by subsection 16-7.2 of this section is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge to remove or abate the same within such time as shall be specified therein.

The cost of abatement shall be borne by the property owner.

If such person fails to comply with such notice within the time specified therein, the health officer or other enforcing official may remove, abate or cause the clean up of the nuisance in the manner as hereinafter provided.

§ 16-7.7 Recovery of Costs by Township.

[Ord. #BOH-2008-1, § I; Ord. #BOH 2013-1 § 2]

Whenever the owner, tenant or occupant notified has not complied with the notice as specified and the nuisance has not been abated or removed under the direction of the health officer or other enforcing official, any cost or expense incurred for abating or removing or causing to be abated or removed the nuisance or condition, may be recovered in the following manner:

Such costs and expenses shall be certified to the tax collector and shall become a municipal lien against the premises upon which the nuisance or condition was located;

Where it is not possible or practical to proceed under paragraph a the cost or expense shall be recovered in an action at law in any court of competent jurisdiction;

Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this chapter.

§ 16-7.8 Enforcement.

[Ord.#BOH-2008-1, § I]

The provisions of this section shall be enforced by the health officer or other enforcing officials as defined herein. Enforcement shall be in the municipal court having jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this ordinance. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A: 58-1 et seq.). Process shall be in the nature of a summons or warrant and shall be issued by those authorized by the local board of health.

§ 16-7.9 Violations and Penalties.

[Ord. #BOH-2008-1, § I

Except as otherwise provided, each and every day in which a violation of any provision of this section continues shall constitute a separate violation.

§ 16-8 TOBACCO VENDING MACHINES AND SELF-SERVICE DISPLAYS.

§ 16-8.1 Prohibition of Cigarette Vending Machines.

[Ord. #BH-98-1, § 1]

In view of the indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette and tobacco product vending machines are hereby prohibited in the Township of Hopewell except where vending machines are controlled by an electronic locking device controlled directly by and within sight of the owner or owner's agent in establishments licensed for the onsite consumption of alcohol beverages.

§ 16-8.2 Prohibition of Cigarette and Tobacco Product Self-Service Displays.

[Ord. #BH-98-1, § 2]

Self-service cigarette or tobacco product displays are prohibited and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display in the Township of Hopewell.

§ 16-8.3 Removal of Tobacco Vending Machines and Self-Service Cigarette and Tobacco Product Displays.

[Ord. #BH-98-1, § 3]

All tobacco vending machines and self-service cigarette and tobacco product displays made unlawful by the terms of this section shall be removed within thirty (30) days from the effective date of this section.

§ 16-8.4 Definitions.

BAR, TAVERN, PUB OR SIMILAR ESTABLISHMENT – Shall mean any place licensed by the State of New Jersey to primarily sell at retail beer, wine, mixed spirit drink and spirits for consumption on the premises.

BOARD OF HEALTH – Shall mean the Township of Hopewell Board of Health, and may be referred to herein this section as the "Board".

HEALTH DEPARTMENT – Shall mean the Township of Hopewell Health Department, and may be referred to herein this section as the "department".

HEALTH OFFICER – Shall mean the administrative officer of the Township of Hopewell Health Department, and/or his or her authorized representatives.

MINOR – Shall mean any person less than 18 years of age.

PERSON – Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY – Shall mean any shelving or storing of cigarettes and tobacco products in an area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.

TOBACCO OR TOBACCO PRODUCT – Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarette in any form.

TOBACCO RETAILER OR RETAIL ESTABLISHMENT – Shall mean any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco are made to purchasers for consumption or use. It shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.

VENDING MACHINE – Shall mean any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.

VENDING MACHINE LOCATION – Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.

§ 16-8.5 Enforcement.

[Ord. #BH-98-1, § 5]

Whenever the health officer, or his/her designee, reasonably believes there exists a violation of this section, he/she may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this section alleged to have been violated. The complaint shall be delivered by the police or sent by certified mail to the alleged violator.

The health officer, or his/her designee, or any other designee charged with enforcement of this ordinance after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident or event as necessary.

It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the health officer, or his designee, who may request the assistance of the Township of Hopewell Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.

Citizens may bring complaints against violators of this section. All complaints must be in written form and notarized and submitted to the Hearth Department. Complainant may be required to appear in person if subpoena sent by the court.

§ 16-8.6 Severability.

[Ord. #BH-98-1, § 6]

If any chapter, section, subsection or paragraph of this section is declared to be unconstitutional, invalid, or inoperative, in whole or in part by a court of competent jurisdiction, such determination shall be deemed not to invalidate the remaining chapters, sections, subsections or paragraphs of this section.

This section shall be liberally construed for the protection of the health, safety, and welfare of the people of Township of Hopewell.

§ 16-8.7 Penalties.

[Ord.#BH-98-1, § 7]

Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of $250 for a first offense, $500 for a second offense, and $1,000 for a third and each subsequent violation. Complaint shall be made in the municipal court of the Township of Hopewell or before such other judicial officer having authority under the laws of the State of New Jersey.

The Township of Hopewell Board of Health may suspend the retail food establishment license of any tobacco retailer convicted of violation of this section, for a period of not more than three days, pursuant to the authority of the board of health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).

§ 16-8A SMOKE FREE SCHOOL ZONE.

§ 16-8A.1 Creation of a Smoke Free School Zone.

[Ord. #BH-98-2, § 1]

It shall be unlawful for students enrolled in elementary and secondary educational institutions to use or possess in plain public view a cigarette or any other tobacco products within the public right of way area and on any public properties within a radius of 1,000 feet of any elementary or secondary educational institution when classes or other student activities are in session and one hour before and one hour after such activities.

Appropriate signs shall be posted at the perimeter of the 1,000-foot radius indicating the existence of a Drug Free School Zone in accordance with state regulations and a Smoke Free School Zone in accordance with local ordinance. Maps shall be on file at the municipal clerk's office.

Within 30 days of adoption of this section each school facility within the community shall adopt or amend its tobacco use policy incorporating the prohibition by youth of tobacco and tobacco products within the 1,000-foot Tobacco Free Zone. Written copies of the school tobacco use policy shall be provided to the health department.

Enforcement by the school's administration shall be consistent with the section and school's tobacco use policy.

§ 16-8A.2 Enforcement.

[Ord. #BH-98-2, § 2]

Whenever the health officer or his or her designee, reasonably believes there exists a violation of this section, he/she will advise the school administration to take action according to the school's tobacco use policy.

If action is not taken by the school administration to discipline students within 30 days of the report by the health official, the health officer or designee may issue a complaint and or summons against the student not later than 30 days after reporting of the alleged violation. The complaint shall be written and shall state the nature of the violation, including reference to the article and subsection of this section alleged to have been violated. The complaint shall be delivered by the police or sent by certified mail to the alleged violator.

The health officer, or his/her designee, or any other person charged with enforcement of this section, after given proper identification, may investigate any matter, thing, incident, or event, as necessary.

It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the health officer, or any other person charged with enforcement of this section, who may request the assistance of the Township of Hopewell Police Department or other police agency when necessary to execute his or her official duty in a manner prescribed by law.

Citizens may bring complaints against violators of this section to the appropriate school administration and if not resolved to the health officer. Complaints MUST be written and notarized.

§ 16-8A.3 Severability.

[Ord. #BH-98-2, § 3]

If any chapter, section, subsection or paragraph of this section is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such portion of this section shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapter, sections, subsections or paragraphs of this section.

This section shall be liberally construed for the protection of the health, safety, and welfare of the people of Hopewell Township.

§ 16-8A.4 Penalties.

[Ord. #BH-98-2, § 4]

Penalties for violations shall be in accordance with the school's adopted tobacco policy.

Unless otherwise provided by law, statute or ordinance, any student violating any of the provisions of this section shall, upon conviction thereof, pay a civil penalty of not less than $25 nor more than $100 for each offense.

Complaints shall be made in the Municipal Court of the Township of Hopewell or before such other judicial officer having authority under the laws of the State of New Jersey.

Any student found in violation of this section shall also be required to attend a smoking cessation course free of charge as available through the school system or the Township Health Department.

§ 16-9 DUMPING.

§ 16-9.1 Prohibited on Public Streets or Premises.

[Ord. #7/15/74]

No garbage, ashes, cans, refuse, offal, vegetable and other decaying material, trash or junk shall be dumped or deposited on any of the streets or other public grounds or premises within the township.

§ 16-9.2 Prohibited on Private Property Unless Consent of Owner Obtained.

[Ord. #7/15/74]

No garbage, ashes, cans, refuse, offal, vegetable and other decaying material, trash or junk shall be dumped or deposited on any private property within the township without the consent of the owner.

§ 16-9.3 Restrictions.

[Ord. #7/15/74]

Nothing herein contained shall be deemed to authorize the creation of a quasi-public or private dump or landfill nor to authorize the creation of a nuisance.

§ 16-10 PENALTY.

§ 16-10.1 Maximum Penalty.

[Ord. #7/15/74]

Any person violating any of the provisions of any chapter adopted by the board of health of the township shall, upon conviction thereof, pay a penalty of not less than $5, nor more than $500 for each offense. Complaint shall be made in the municipal court of the township or before another judicial officer having authority under the laws of the State of New Jersey. The court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.

§ 16-10.2 Separate Violations.

[Ord. #7/15/74]

Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the board of health exists shall constitute a separate violation.

§ 16-10.3 Application.

[Ord. #7/15/74]

Maximum penalties stated herein are not intended to fix an appropriate penalty for each violation. A lesser penalty, a minimal penalty, or no penalty at all may be appropriate for a particular case or a particular violation.

§ 16-10.4 Collection of Fees and Penalties.

[Ord. #7/15/74; New]

All fees and penalties collected under any provision of any chapter adopted by the board of health shall be paid to the township treasurer.

Nothing herein contained shall be deemed to limit the Township of Hopewell or anyone acting in its behalf from enforcing such other or additional penalties or remedies as may be provided by law or by any ordinance.

§ 16-11 (RESERVED) [1]

[1]

Editor's Note: Former section 16-11, Food and Beverage Vending Machine Code of New Jersey (1961), previously codified herein and containing portions of Ordinance No. BH:79-2 was repealed in its entirety by Ordinance No. BOH:2003-2. For regulations pertaining to food and beverage vending machines see subsection 16-4.2.

§ 16-12 INDIVIDUAL SEWAGE DISPOSAL CODE OF HOPEWELL TOWNSHIP. [1]

[Ord. #BH:2000-1, § 1]

Purpose. Due to the environmental characteristics of Hopewell Township, the board of health developed this ordinance in 1978 to address the widespread use of onsite sewage disposal systems and water supply wells. Onsite sewage disposal systems may constitute a potential source of pollution of ground and surface waters, resulting in contamination of potable water supplies, foul odors, nuisance problems and may pose other hazards to public health. It is determined to be in the interest of public health, safety and welfare to develop an ordinance to provide site specific requirements in the conducting of soil testing, specifying lot area, restricting system locations and providing additional design and installation requirements for onsite sewage disposal systems in Hopewell Township. These requirements are in addition to N.J.A.C. 7:9A (Adopted by reference as Ordinance 16-3 on 7-16-1990).

[1]

Editor's Note: See also section 16-17 for regulations pertaining to testing and reporting requirements prior to transfer of property, changes in use and/or change in tenancy.

§ 16-12.1 Definitions.

[Ord. #BH:79-2, § I; Ord. #BH:92-1, §§ 1 - 3; Ord. #BH:2000-1, § 2]

As used in this section, the following shall have the meanings indicated:

AEROBIC OR AERATION WASTE TREATMENT SYSTEM – Shall mean any individual sewage treatment system which contains or incorporates, as part of the treatment process, a manner of introducing air and oxygen into the sewage held in such systems so as to provide aerobic biochemical stabilization during a detention period and prior to its discharge to any subsurface absorption area.

OWNER – Shall mean any person, individual, partnership, corporation or other type of business association who shall either own, reside upon, lease or operate any premises upon which is located any aerobic or aeration waste treatment system.

BEDROOM – Shall mean any room within a dwelling that might reasonably be used as a sleeping room including, but not limited to, rooms designated as a den, office, or study.

INSTALLER – Shall mean any person who installs or is in the business of installing or excavating for a household sewage disposal system or part thereof and is licensed by the board of health.

§ 16-12.2 Alternative Onsite Sewage System Standards.

[Ord. #BH:79-2, § I; Ord. #BH:79-3, § II; Ord. #BH:92-1, §§ 1-4; Ord. #BH:2000-1, § 2]

Aerobic Sewage Treatment Systems. If an individual subsurface disposal system design is submitted for approval and the design contains or has as a principal operating part thereof an aerobic or aeration type waste treatment system, the board of health may approve such design, but only under the terms and conditions as contained in this subsection and N.J.A.C. 7-9A.

Aerobic sewage treatment tanks shall not be approved unless the tank has been found by the administrative authority to be in conformance with the National Sanitation Foundation Standard No. 40, dated November 13, 1970 as amended. Aerobic sewage treatment tanks tested and approved by the National Sanitation Foundation (N.S.F.) need only bear the N.S.F. seal as proof of complete testing procedures and results. Manufacturers, retailers, or other persons seeking approval of such tanks under this section shall either submit sufficient proof of possession of the N.S.F. seal or shall submit to the board of health for its approval two certified copies of complete testing procedures and results conducted by a testing agency that shall have received the prior approval of the board of health certifying that the tank(s), by model number, conforms with the National Sanitation Foundation Standard No. 40, as amended.

Every aerobic sewage treatment tank shall be equipped with a visual and audible alarm system which shall be designed to respond to any electrical or mechanical failure or malfunction of the tank or any component thereof.

The total holding capacity of an aeration tank shall be a minimum of 1,000 gallons. The aeration compartment shall have a minimum holding capacity of 500 gallons or 200 gallons for the first bedroom and 150 gallons for each additional bedroom whichever is larger.

The shape and design of the tank inlet and outlet arrangements, compartmentation, baffling, and air application shall be designed so as to (a) allow for intimate mixing of the applied oxygen; (b) prevent excessive short-circuiting of flow; (c) prevent the deposition of solids in any portion of the compartment; and (d) prevent excessive accumulation of foam anywhere in the system.

The method of aeration shall be accomplished by mechanical aeration, diffused air, or a combination of these. The air may be applied continuously or intermittently and shall maintain aerobic conditions in the aeration and settling compartments at all times. On all systems where the operation is intermittent, the cycling mechanism is to be sealed or devised so that the cycle cannot be altered by the owner.

The standards for construction and installation of septic tanks, distribution boxes, connecting pipe and disposal fields will be as presented in the Individual Sewage Disposal Code of New Jersey, N.J.A.C. 7:9A.

Maintenance and operation.

(a)

Service and inspection for certain individual waste treatment systems. No approval or permit shall be issued for the construction, alteration, modification, installation or utilization of any individual sewage treatment system, which shall contain or have as a principal operating part thereof an aerobic or aeration waste treatment unit of a type approved by the board of health, unless, as a condition of such approval and the issuance of such permit, the owner of the premises shall at all times keep in force and effect an annual service and inspection contract or policy in a form acceptable to the board with an individual or company licensed by the board of health for installation, inspection, service and maintenance of the aerobic or aeration waste treatment system.

(b)

Provisions applicable to existing systems. The provisions of subsection 16-12.2a7(a) regarding the annual service and inspection contract or policy shall also apply to owners of any existing or previously constructed, altered, modified or installed individual sewage treatment system, which contains or has as a principal operating part thereof such an aerobic or aeration waste treatment unit.

Term and expiration of contract; renewal date.

(a)

All such service and inspection contracts or policies shall run from April 1 of each year through March 31 of each year. Any contracts or policies issued after April 1 of each year may be issued on a pro rata basis for the unexpired period of such year. Copies of new or renewal contracts or policies shall be filed with the board of health prior to March 15 of each year.

(b)

Nothing herein contained shall be deemed to limit the terms of the service and inspection contracts or policies to one year, but all such contracts or policies shall expire on March 31 of the last year provided therein.

Inspections, filing of results. All service and inspection contracts shall provide that such aerobic or aeration waste treatment units shall be inspected within the first 10 days of operation and not less than once every three months pursuant to the initial operation. Copies of the results of the inspections acceptable by the board of health, shall be filed with the board by the licensed person or company conducting the inspection within 10 days thereof.

10.

Qualifications and regulation of issuer of contract. The board of health reserves the right to inquire into the qualifications of aerobic and aeration waste treatment installer or any issuer of the service and inspection contracts or policies and will license or regulate the individuals or companies or as may otherwise be provided by law.

Holding Tanks.

The board of health shall allow holding tanks for use only in accordance with N.J.A.C. 7:9a-3.4c and 3.12. The use of holding tanks shall be allowed only after a detailed written analysis has been submitted to the board of health analyzing other possible methods of disposal and reasons why they are not acceptable. Holding tank systems designed to accommodate flows greater than 2,000 gallons per day must be reviewed and approved by NJDEP.

The tank shall be a closed, sealed unit and shall be of reinforced concrete or other N.S.F. approved material. The tank shall have only one inlet. Accommodations for pumping the holding tanks shall be designed to prevent spillage and control odor.

Capacity. In no case shall the holding tank be less than 5,000 gallons. The minimum capacity of the tank shall be for a two-week period based upon acceptable engineering criteria. Overflow holding tanks on repairs or alterations may be initially allowed at less than the required design rates above.

The tank shall be equipped with both visible and audio alarm systems indicating high water levels. The tank shall also have a gauge indicating liquid level. The alarm system shall be connected to a solenoid valve, which will close the water supply to the dwelling or structure when the alarm system is activated. Aeration may be required.

Contract for removal of wastes. Prior to the issuance of a permit to install a holding tank the applicant shall submit, to the board, a contract with an approved contractor to dispose of the wastes from the holding tank and a contract from an approved disposal site operator authorizing the contractor to dispose of the wastes for the same period of time as the contract. The annual contract shall indicate the proposed disposal area of the wastes, length of time that the contract is in effect, the time interval between removal of wastes, and the name of the contractor.

The annual service and inspection contract or policy shall also apply to owners of any existing or previously constructed, altered, modified or installed individual sewage treatment system, which contains a holding tank.

Deed Notification, Advisory of Alternative System. When any residential or commercial property is provided with a holding tank, aerobic waste water treatment system or any other alternative waste water system approved by NJDEP as part of the on-site waste water disposal plan, the deed for the property shall be amended and filed with the county clerk. It must indicate the utilization of either component and include whatever requirements may have been imposed by the board of health or NJDEP on the owner. This shall be done to alert all future owners. The amendment must clearly state that this provision cannot be removed without the written authorization of the health department.

§ 16-12.3 Lot Area Requirements. [1]

[Ord. #BH:2000-1, § 2; Ord. #BH:2004-1, § 1; Ord. #2018-1683]

In addition to meeting the requirements for minimum lot size set forth in the land use and development ordinance in effect at the time of approval, lot area required for on-site sewage disposal systems and water supply wells shall meet the net square footage or acreage requirements as indicated in Table One. Net lot acreage for on-site sewage disposal systems and water supply wells shall consist of that portion of the property where the realty improvements, including the buildings and any accessory structures and the well and sewage disposal systems are located. Minimum lot acreage must be contiguous acreage which does not contain any utility or conservation easements, and which is located outside of any watercourses, wetlands, wetlands buffers, State open waters, or areas of steep slopes (see N.J.A.C. 7:9A-4.4 Slopes, which defines slopes as follows "(a) The disposal field or seepage pit shall not be located in an area where the slope is greater than 25%. (b) Where the slope is greater than 10%, no disposal field or seepage pit shall be placed less than 50 feet upslope of any bedrock outcrop where signs of ground water seepage can be detected. (c) Modification of slopes by regrading shall meet the requirements of N.J.A.C. 7:9A-10.3(b)"). Further, any areas of land restricted against development by State, Federal or local approvals shall be excluded from the net lot area necessary for on-site sewage disposal systems and water supply wells. Minimum net lot area for various types of disposal systems is set forth in Table One below.

Table One: On-site Individual Systems Lot Area & Design Criteria
Type of Disposal System Design	Minimum Net Lot Area
Conventional	1 acre (40,000 square feet)
Conventional/Soil Replacement	1 acre (40,000 square feet)
Water Conservation System with DEP Approval and/or Grey/Black Water Systems	2 acres (80,000 square feet)
Mounded Systems, Mounded Soil Replacement, Mounded Fill Enclosed (Shallow Groundwater and/or Bedrock)	2 acres (80,000 square feet)
Innovative Designs Meeting Individual NJDEP Approval	5 acres (220,000 square feet)

Requirements for Preexisting Undersized Lots:

Preexisting lots with less than the minimum lot area defined in subsection 16-12.3a shall meet all other applicable health ordinance requirements pertaining to septic and wells and include the following:

(a)

New wells shall incorporate a minimum of 100 feet of steel casing meeting requirement of N.J.A.C. 7:9D (Well Construction and Maintenance; Sealing of abandoned wells).

(b)

Individual subsurface sewage disposal system design shall incorporate the use of advanced treatment unit (ATU).

Applicant must present proof that additional land is not available for purchase at fair market value to increase net lot area. Adjoining lots under common ownership or family ownership are to be considered as one parcel and must be consolidated.

Potable Water Supply. In areas within or close to an area of known microbiological or chemical contamination of ground water, the board of health may require an alternative water supply or public water if an on-site safe water supply cannot be assured.

[1]

Editor's Note: Prior sources contained in subsections 16-12.3 — 16-12.5 include portions of Ordinance Nos. BH:79-3 and BH:88-1.

§ 16-12.4 Engineering Data Design.

[Ord. #BH:79-3, § VI; Ord. #BH:83-2, § 1; Ord. #BH:88-1, § 4; Ord. #BH:92-1, § 6; Ord. #BH:2000-1, § 2; Ord. #BH:2002-2, § 1]

In order for the board of health to properly review individual disposal systems, the engineer preparing the disposal plan shall submit or include the minimum as follows:

Disposal and Tank Design Sizing Requirements.

All systems disposal field design must incorporate a 25% increase over the State disposal system design rate.

Depth of disposal system shall be excavated to depth of deepest soil test used to determine zone of disposal.

Septic tanks shall provide 250 gallons additional volume more than State design or contain two compartments.

When garbage disposals are installed or proposed, two septic tanks in series are required in addition to an additional 25% increase in the disposal field size per subsection 16-12.4a1.

When sewage ejectors are required to lift sewage up to the septic tank, a multiple compartment septic tank system having a capacity of 50% greater than that required in subsection 16-12.4a3 above shall be installed. Alternatively, an additional two-compartment tank may be installed to accept the effluent solely from the sewage ejector prior to connecting into the septic pump tank or disposal field.

Design Submittal Requirements.

Lot elevations in the disposal area showing proposed elevation of disposal trenches or beds, septic tank or distribution box, bottom elevations, ground elevations, proposed and existing in one foot contours.

Provide proposed lot grading in the disposal area. A minimum design slope of 5:1 shall be required for mounded or built up systems.

Proposed means to control surface, driveway, and sump pump discharge, basement drains and road runoff from entering disposal area. Swales, berms and/or lawn inlets must be considered in directing surface water away from mound and conventional systems. All drain pipes, swales or water diversions must not adversely impact adjoining properties, waterways or wetlands or cause standing water. Connection into storm water system and/or drainage basins may be required and must be also approved by the township engineer and shown on the site grading plan.

Average seasonal high water table as related directly to lot elevations.

Soil log and soil classifications to a depth of 10 feet or to bedrock when encountered, but a minimum of six feet below original grade and eight feet below the level of infiltration. All soil profile pits and corresponding soil logs, both acceptable and unacceptable, within 100 feet of the proposed disposal field must be shown.

Cross-sections of the proposed bed showing changes in grade across the beds and shallow and deep inspection ports and distribution line locations, etc.

Location of soil log and percolation tests and other approved soil tests (acceptable and unacceptable). All complete, incomplete with explanation, and unacceptable. All acceptable soil logs shall be marked with a durable permanent marker four feet in height and accurately located. PVC pipe is not acceptable.

Location of existing wells and septic fields on adjacent lots within 200 feet of proposed or existing wells and septic fields on lot in question.

Location of streams, stream corridors, water courses, steep slopes, fresh water wetlands and associated buffers and all other conservation easements or flood plains within 100 feet of disposal system.

10.

Submit an as-built drawing of the installed system with the engineer's certification that the installed system complies with the approved design. (Certificate of Compliance with Section B completed).

11.

All designs and as-built drawings shall be submitted on 8.5 inches by 11 inches or 14 inches size sheets only.

12.

(Reserved)

13.

All septic tanks (new and repaired or replaced) shall be provided with cast iron locking manholes raised to grade to facilitate pumping and inspections.

14.

Water meters with remote reading units shall be installed in all nonresidential properties.

§ 16-12.5 Soil Test and Site Evaluation Data.

[Ord. #BH:79-3, § VII; Ord. #BH:88-1, § 5; Ord. #BH:92-1, §§ 7, 8; Ord. #BH:2000-1, § 2]

General. It shall be the requirement that each lot to be approved for subdivision, site plan or dwelling construction have two acceptable adjoining areas within 50 feet of each other for the construction of a primary and reserve area for onsite sewage systems. Primary and reserve soil tests and profile pits are required in both areas. All soil testing must be witnessed by a representative of the board of health.

Requirements.

Each proposed lot shall have a minimum of two acceptable soil profile pits, series of soil permeability tests or basin flood tests performed in the proposed primary disposal area as required by the administrative authority, either in the field or after a review of the submitted soil test data. The soil profile pits shall be conducted as specified in N.J.A.C. 7:9A.

Soil tests shall be conducted within the layer of soil or rock fracture zone as determined from the recorded profile pit soil log. Tests shall be conducted at the depth at which seepage is encountered or where doubt exists regarding the presence or the type of a limiting zone and/or permeability. Testing shall be conducted at various depths (not less than 24 inches vertical separation) to demonstrate a suitable zone of disposal of 48 inches above massive bedrock/refusal as recorded in soil logs. A minimum of four feet to an impervious zone is required.

An additional set or series of soil permeability tests or basin flood tests and a minimum of two profile pits are required meeting the same criteria as those conducted for the primary disposal systems in a reserve area for future sewage system installations.

Multiple soil evaluation testing requirements in areas of severe to moderate severe soils. If more than five unacceptable soil tests or profile pits are recorded within 50 feet of the proposed disposal areas a duplicate soil profile pit or soil permeability test, pit bail or basin flood must be conducted for each passing log or test and not less than 25 feet from the passing test or log.

§ 16-12.6 Location of Systems.

[Ord. #BH:80-3; Ord. #BH:88-1, § 6; Ord. #BH:92-1, § 9; Ord. #BH:2000-1, § 2]

All individual sewage disposal systems referred to herein shall be located entirely within the limits of a single tax lot, upon which the improvements being serviced by said system shall be located. If more than one tax lot is used, a consolidation is required.

Soil profile pits and soil tests shall be a minimum of 30 feet from any property line, conservation areas and all other environmental easements for conventional system built below original grade. Soil profile pits, logs and soil tests for all systems required to be built above existing grade shall be located a minimum of 50 feet to lot lines, water courses, conservation areas and all other environmental easements. In both cases, additional distance for required grading and/or environmentally sensitive concerns such as the height of mounds and associated swales or berms, excessively coarse soils or fractured bedrock and high water tables, etc., may still be required by the health department.

Soil logs and tests shall be a minimum of 50 feet to the uppermost elevation of easement boundary, water courses, flood plains, detention basins, wetlands, etc. If fast perc rates (less than 15 min./inch), or K Values greater than 20 inches per hour, high water table or coarse soil types are encountered, this distance must be increased to 100 feet.

§ 16-12.7 Permits.

[Ord. #BH:92-1, § 10; Ord. #BH:2000-1, § 2]

Applications for onsite sewage disposal systems shall be made to the board of health on the approved township application form. (Paper size of 8.5 inches by either 11 inches or 14 inches)

Application fees shall be as submitted in accordance with those specified in Chapter 10.

Permits shall be valid for a period of two years from the date of issue. Two one-year extensions may be granted by the board of health.

Permits are not automatically transferable upon sale of the property. The new property owner may reapply for a transfer of the original permit without any changes. The transferred permit would run for the remaining period of the original permit and if necessary the applicant would also be entitled to receive both one-year extensions if not already exhausted.

A transfer fee and/or a request for a one-year extension fee shall be paid as specified in Chapter 10.

Resubmission of a new or revised sewage disposal system design by an applicant after the original permit has been issued and/or after the original permit has expired will be considered a "new" application and the application fee will be as specified in Chapter 10.

§ 16-12.8 Onsite Waste Water Data Collection.

[Ord.#BH:2000-1, § III]

When permits are issued for new onsite sewage disposal systems or alterations of disposal systems on existing developed lots, the health department shall enter the property into the Hopewell Township onsite waste water disposal database. Upon receipt of the certificate of compliance and as-built drawing, care and maintenance manual of onsite septic and well water systems informational packet will be sent to the owner, with additional reminders every three years thereafter.

§ 16-12.9 Prior Existing Tests and Permits.

[Ord. #BH:2000-1, § IV; Ord. #2001-1, § 1]

Properties with existing soil tests and soil profile pits conducted prior to September 7,2000, may be utilized until December 31, 2003 for the purpose of securing permits for the construction of an onsite sewage disposal system, provided such tests and soil profile pits were conducted in accordance with the requirements of subsection 16-12.5, Soil Test Data, and subsection 16-12.6, Locations of Systems, that were in effect immediately prior to the adoption of Ordinance #2000-1 on September 7, 2000. In designing an onsite sewage disposal system, in accordance with the provisions of this section, the engineer preparing the sewage disposal plan must address and meet the Engineering Data Design criteria that are in effect following the adoption of Ordinance No. 2000-1 on September 7, 2000, as set forth in subsection 16-12.4, Engineering Design Criteria. Permits issued pursuant to the provisions of this section shall be valid for a period of two years from the date of their issuance. Revisions or changes to the design constitute a new application and must meet the requirements in place at that time.

§ 16-12.10 Effective Date.

[Ord. #BH:2000-1, § V]

This ordinance shall take effect upon final adoption and publication in accordance with law.

§ 16-13 STORAGE TANK REMOVAL AND ABANDONMENT.

§ 16-13.1 Purpose.

[Ord. #BH:2002-1, § 1; Ord. #BH:2002-4]

Storage tanks containing home heating oil, gasoline and other hazardous substances, products or chemicals whether located underground, aboveground or in the basement can rust and leak over time, posing a number of environmental and health risks. In the event of a leak or discharge in which oil or other product comes into contact with the soil or ground water, the State of New Jersey requires homeowners to take prompt action to minimize those risks.

§ 16-13.2 Definitions.

For the purpose of this section:

HAZARDOUS SUBSTANCES

Shall mean motor fuels and those elements and compounds, including petroleum products which are liquid at standard conditions of temperature and pressure, which are defined as hazardous substances by the DEP and shall include the list of hazardous wastes defined adopted by the USEPA (for full definitions see N.J.S.A. 58:10A-22e).

TANK CAPACITY

Shall mean the manufacturer's nominal tank size, when referring to a single tank. When referring to multiple tanks storing hazardous substances used for the same purpose at the same site within one of the following two categories: motor fuel and heating oil, the aggregate of the nominal sizes will be used to determine capacity.

UNDERGROUND STORAGE TANK

Shall mean any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment, is 10% or more below the ground, per N.J.S.A. 58:10A-22p. N.J.S.A. 58:10A-22p provides that certain tanks shall not be included in the definitions of "underground storage tanks".

For the purpose of this section, the following tanks shall be considered "storage tanks" pursuant to N.J.S.A. 58:10A-22p(1), (2), (3) and (9):

Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

Tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less;

Tanks used to store heating oil for on-site consumption in a residential building;

Tanks situated in an underground area, including but not limited to basements, cellars, mines, drift shafts, or tunnels, if storage tanks are situated upon or above the surface of the floor, or storage tanks located below the surface of the ground which are equipped with secondary containment and are unmoved so as to allow visual inspection of the exterior of the tank.

UNREGULATED HEATING OIL TANKS

Shall mean any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of heating oil for on-site consumption in a residential building, or those tanks with a capacity of 2,000 gallons or less used to store heating oil for on-site consumption in a nonresidential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures and other related equipment is 10% or more below the ground.

§ 16-13.3 Permit Requirements.

[Ord. #BH:2002-1, § 1; Ord. #BH:2002-4]

Whenever the removal or abandonment of a storage tank is proposed, at a residential or nonresidential property, the owner or agent for the owner shall first secure a permit from the township's municipal construction office (MCO). Application for permit and fees for permit are submitted to the MCO.

The procedures for removal or abandonment of storage tank(s) pursuant to Department of Community Affairs Bulletin 95-1B and all future bulletins, are established by the municipal construction official (hereafter referred to as MCO). Procedures shall be based on recommendations and standards as prescribed by the American Petroleum Institute (API), recommended practice 1604, "Removal and Disposal of Used Underground Petroleum Storage Tanks" and the Underground Storage Tank Technical Standards, Sec. 280.70 et seq. published by the Bureau of National Affairs, Inc., the New Jersey Uniform Construction Code N.J.A.C. 5:23-3.11B and any other guidelines or requirements issued by the New Jersey Department of Environmental Protection (NJDEP) or other State agency as specified by State regulation.

The application shall be accompanied by a site plan as described in paragraph d. If available, any preliminary potable water supply samples and any preliminary groundwater or soil samples taken on-site by the owner or removal contractor as required in paragraph f should be submitted.

Prior to the removal or abandonment of any storage tank, a scaled site plan shall be prepared and submitted with the application by the property owner or contractor. The site plan may be hand drawn, taken from a survey or septic system as-built drawing, showing the property boundaries, watercourses, the location of all structures, on-site wells and septic systems and the location of the storage tank(s) to be removed.

If contamination is detected or if suspected prior to applying for the permit, a potable well water sample from the on-site potable water supply for those chemicals associated with the stored products shall be included with the application. At a minimum, a limited organic analysis shall be ordered and conducted by a certified laboratory using EPA method 524.2. Laboratory personnel shall collect the sample. The health department as a prior approval will review the results. If a well water sample confirms that the well water is chemically contaminated, the health department shall notify surrounding properties in a timely manner and according to the department's protocol and assessment of the specific location, and geology of the area.

If the storage tank is to be abandoned in place, soil samples and groundwater samples, as required in subsection 16-13.4a must be provided with the application, confirming that the storage tank has not caused contamination of the soils or groundwater as defined by the NJDEP.

§ 16-13.4 Storage Tank Abandonment.

[Ord. #BH:2002-1, § 1; Ord. #BH:2002-4]

In the event a storage tank cannot be removed and must be abandoned in place, a New Jersey licensed tank contractor or New Jersey licensed testing laboratory shall provide a written report following NJDEP methods or guidelines for tank abandonment and cleanup procedures indicating that the storage tank has not caused contamination of the soils or groundwater. This determination shall be based on soil samples taken from the bottom most elevation at both ends of the storage tank with one additional sample for each 500 gallons in excess of 500 gallons. This must be completed and test results submitted with the permit application prior to any work commencing to abandon the storage tank.

Storage tank must be completely cleaned of product and filled with an approved material pursuant to DCA Bulletin 95-1B and all future bulletins.

All associated piping must be purged and may be abandoned in place as noted on the plan or removed.

§ 16-13.5 Storage Tank Removal.

[Ord. #BH:2002-1, § 1; Ord. #BH:2002-4]

Inspection of the excavation is required if the storage tank is being removed. The excavation must remain open until visually inspected for signs of leakage.

If the excavation is open and unattended or open overnight, the excavation must be protected by a forty-eight-inch high fence enclosure. The enclosure must be maintained until the excavation is back filled.

The storage tank must be visually inspected on site for signs of leakage prior to removal from site.

NJDEP must be notified if leakage and contamination are detected or suspected.

If contamination is detected, soil samples are required at time of removal and after remediation is completed.

If contamination is detected, a potable water sample(s) is required from the on-site well and from adjoining wells.

All waste products must be removed from the storage tank; the excavation and any used absorbent materials must be disposed of as hazardous waste or regulated wastes according to NJDEP requirements, guidelines and regulations. A receipt is required for the storage tank, any contaminated soil and all waste products.

All associated piping must be purged and may be abandoned in place as noted on the plan or removed.

§ 16-13.6 Inspections.

[Ord. #BH:2001-2, § 1; Ord. #BH:2002-4]

Twenty-four hours' notice is to be provided for the MCO and/or health department.

§ 16-13.7 Final Certificate of Approval.

[Ord. #BH:2002-1, § 1; Ord. #BH:2002-1, § 1]

If no contamination is found, a certification will be issued upon removal of the storage tank, filling of the excavation, regrading and completion of installation of new storage tank, if proposed.

If contamination is discovered, the final certification will be issued after compliance with the requirements in subsections 16-13.4 and 16-13.5 are met and a "No further action letter" is provided by the NJDEP.

§ 16-14 NOISE CONTROL FOR STATIONARY SOURCES.

§ 16-14.1 Definitions.

[Ord. #623-83]

All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (A.N.S.I.).

ABATEMENT ORDER

Shall mean an order issued by an authorized officer to cease and desist or reduce the noise level.

COMMERCIAL AREA

Shall mean any facility or property used for the purchase or utilization of goods, services, or land or its facilities, including but not limited to commercial dining establishments, vehicle operations, retail services, wholesale services, banks and office buildings, recreation and entertainment, community services, public services, other commercial services.

CONSTRUCTION

Shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for structures, utilities or similar property.

DBA

Shall mean the abbreviation designating both the unit of measured sound level, the decibel, and the mode of measurement that uses the A-weighting of a sound level meter.

DECIBEL (DB)

Shall mean the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated dB.

EMERGENCY

Shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMERGENCY WORK OR ACTION

Shall mean any work or action performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

INDUSTRIAL AREA

Shall mean any facility or property used for the following: (a) storage, warehouse or distribution; (b) property used for the production and fabrication of durable and nondurable man-made goods; and (c) activities carried out on the property.

MOTOR VEHICLE

Shall mean any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, motorcycles, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles.

NOISE

Shall mean any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property.

NOISE CONTROL OFFICER

Shall mean any employee of the Hopewell Township Health Department and/or Police Department trained in the measurement of sound in accordance with subsection 16-13.2a and appointed by the township administration.

NOISE DISTURBANCE

Shall mean any sound which may endanger or injure the safety or health of humans or animals, or disturbs a reasonable person of normal sensitivities, or may endanger or injure personal or real property.

PERSON

Shall mean any corporation, company, association, society, firm, partnership, and joint stock company as well as individuals, and shall also include the State and all its political subdivisions and any agencies or instrumentalities thereof.

REAL PROPERTY LINE

Shall mean an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

RESIDENTIAL AREA

Shall mean residential property; property used for human habitation including but not limited to the following: (a) commercial living accommodations, commercial property used for human habitation; (b) recreational and entertainment property used for human habitation; and (c) community service property used for human habitation.

SOUND LEVEL

Shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.

SOUND LEVEL METER

Shall mean an instrument for the measurement of sound levels conforming to A.N.S.I. Type I or II Standards.

SOUND PRESSURE LEVEL

Shall mean the level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.

WEEKDAYS

Shall mean any day Monday through Friday which is not a legal holiday.

§ 16-14.2 Qualifications of the Noise Control Officer.

[Ord. #623-83]

Qualifications of Noise Control Officer. Persons shall be considered qualified to be noise control officers and to make noise measurements who have satisfactorily completed any of the following:

"Community Noise - A Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or

A program of tutoring and on-the-job training offered by the Office of Noise Control to its employees; or

Education or experience or a combination thereof certified by the department as equivalent to the provisions of paragraphs 1 or 2 above.

Test Methods and Procedures. Measurements must be taken according to procedures specified by N.J.A.C. 7:29B.

§ 16-14.3 Maximum Permissible Sound Level.

[Ord. #623-83]

Residential, Commercial, Industrial. No person shall cause, suffer, allow, or permit the operation of any source of sound in such a manner as to create a sound level which exceeds the limits set forth in Table I when measured at the real property line of the receiver except during time of emergency or emergency-related occurrence as determined by the noise control officer.

Table I: Maximum Permissible Sound Levels by Receiving Land Use Category
Sound Source Land Use Category	Receiving Land Use Category
	Residential		Commercial	Industrial
	7 a.m. – 10 p.m.	10 p.m. – 7 a.m.	All Time	All Time
Residential	55	50	65	75
Commercial	65	50	65	75
Industrial	65	50	65	75

Exemptions.

Domestic power tools, lawn mowers, and similar equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and holidays.

Sound from church bells and church chimes.

Agricultural activities including animal noises and use of equipment as long as equipment noise is not related to owner's failure to maintain equipment in a reasonable state of operation and repair.

Burglar alarms. Exterior sounding on any premises or motor vehicle as long as such alarm shall automatically terminate its operation within 15 minutes of activation.

Stationary emergency signaling devices. Control of noise from stationary emergency signaling devices shall be in accordance with the provisions of N.J.A.C. 7:29-13 which provisions are incorporated herein by reference.

§ 16-14.4 Abatement Orders.

[Ord. #623-83]

Procedure. The noise control officer responsible for enforcement of any provision of this section may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period not to exceed 30 days and according to guidelines which the noise control officer may prescribe.

§ 16-14.5 Notice of Violations.

[Ord. #623-83]

Violation of any provision of this section shall be cause for a notice of violation to be issued by the noise control officer according to procedures set forth in this section.

§ 16-15 SEVERABILITY.

[Ord. #BH:83-1, § 1]

If for any reason any part or section of this chapter shall be declared to be unconstitutional by the courts, the remaining sections thereof shall remain in full force and effect.

§ 16-16 BODY ART ESTABLISHMENTS.

§ 16-16.1 Licensing of Body Art Establishments.

[Ord. #BH:2002-3, § 1]

It shall be unlawful for any person to engage in the business of operating an establishment where body art procedures are performed without first obtaining a license from the Hopewell Township Board of Health.

Body art establishment licenses shall be issued on an annual basis each January upon payment of a minimum annual license fee of $250 or as may be established in Chapter 10 of the General Ordinances of the Township of Hopewell and upon satisfactory compliance with the New Jersey State Sanitary Code.

Facility locations with on-site sewage system must provide at time of license renewal an annual report of septic system maintenance, satisfactory operation and pumping history during the past year. Evidence of a failing or malfunctioning sewage system would be cause for the immediate closure of said facility until the violation is abated to the satisfaction of the board.

Facilities served by an on-site well water system shall be classified as a public water system per section 16-6. Laboratory reports for bacterial water quality shall be provided to the health department during each quarter. Other water quality tests may be required as determined by the health department. Evidence of a failing of water quality test would be cause for the immediate closure of said facility until the well failure violation is abated to the satisfaction of the board.

Medical waste generated at the facility shall be stored and disposed of properly and according to State regulation.

§ 16-16.2 Enforcement.

[Ord. #BH:2002-3, § 2]

Any violation of the provisions of this section shall be grounds for enforcement action by the Hopewell Township Board of Health. Such penalty action may include a summons being issued in municipal court, or suspension, revocation or nonrenewal of the body art establishment license issued by the Hopewell Township Board of Health.

Any person violating any provision of this section shall, upon conviction thereof, pay a penalty. Said penalty shall include a fine of not less than $100 nor more than $1,000 for each offense, unless otherwise provided by law. Each day that the violation exists is considered a separate offense.

§ 16-17 TESTING AND REPORTING REQUIREMENTS FOR WELLS AND SEPTIC SYSTEMS PRIOR TO TRANSFER OF PROPERTY.

§ 16-17.1 Definitions.

[Ord. #BH: 2002-3, § 1; Ord. #BOH-2008-2, § I]

As used in this section, words and terms shall mean as follows:

ADMINISTRATIVE AUTHORITY

Shall mean the Hopewell Township Board of Health.

AUTHORIZED REPRESENTATIVE

Shall mean a licensed health officer, registered environmental health specialist or professional engineer appointed by the administrative authority to represent it.

POINT OF ENTRY TREATMENT (POET)

Systems means a device by which drinking water is treated at the point of entry into a building for the purpose of reducing contaminates in the drinking water prior to its entering the building distribution system.

POTABLE WATER

Shall mean drinking water for human consumption.

PRIVATE-NONPUBLIC WATER SYSTEM

Shall mean any Hopewell Township on-site well water system that provides water solely to a property or structure intended as a single-family residence. Herein referred to as a private well water system.

PUBLIC WATER SYSTEM

Shall mean any Hopewell Township on-site well water system that provides potable water to any property or structure that is not served by a private or nonpublic well and is not recorded as a single-family residence. Public well as defined here is broader than N.J.A.C. 7:10-1.3 which defines a public well as having 15 service connections or regularly serves at least 25 individuals daily for at least 60 days in any calendar year.

SUBSURFACE SEWAGE DISPOSAL SYSTEM

Also referred to as a septic system, shall comply with the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A et seq.), NJPDES Rules for septic systems over 2000 gpd and any more stringent requirements previously adopted, or which will be adopted, by the Board of Health of the Township of Hopewell.

TRANSFER OF PROPERTY

Shall mean whenever a change of ownership, change of use or tenancy of any real property within Hopewell Township occurs.

§ 16-17.2 General.

[Ord. #BH: 2003-1, § 2; Ord. #BOH-2008-2, § I]

The requirements of this section shall pertain to all on-site public and private well water systems and to all subsurface sewage disposal systems in Hopewell Township, whether the property served is used for residential, commercial, agricultural or industrial purposes. The requirements of this section are in addition to and not in lieu of any applicable Federal and State laws and regulations. In the event that any present or future Federal or State law or regulation imposes standards more stringent than the requirements of this section, the more stringent standards shall govern.

§ 16-17.3 On-Site Well Water Systems.

[Ord. #BH: 2003-1, § 2; Ord. #BOH-2008-2, § I; Ord. #10-1503, § 3]

There shall be no transfer of real property, change in the use or change in tenancy of a property which utilizes an on-site public or private well water system for its potable water supply until the administrative authority or its authorized representative shall have issued a Letter of Review stating that the water system complies or does not comply with water quality standards specified by the NJ Safe Drinking Water Act N.J.S.A. 58:12A-1 et seq. and implementing rules N.J.A.C. 7:10 and the Private Well Testing Act Regulations N.J.A.C. 7:9E and any other parameters as specified by the health officer based on known contamination in this area.

Submittal Requirements. The property owner, purchaser, tenant or authorized agent for either party shall submit:

A completed application at least 10 business days prior to transfer of properties, occupancy or changes in use or change in tenancy which should include the name and address of all persons owning, purchasing or leasing the property upon which the well is located. The application is available from the Township's Board of Health.

A check made payable to Hopewell Township as specified in Chapter 10, Fees. Section 10-5, Health and subsection 10-5.2, Water.

A laboratory report provided by NJDEP certified laboratory for testing under the Safe Drinking Water Act. A chain of custody form shall accompany all reports indicating the laboratory took the sample. All sample collection, testing and analysis shall be in accordance with the criteria and procedures established by NJDEP regulations.

All reports of testing shall include the Block and Lot numbers, street address for the property, the reason for the sample, i.e., sale or rental, the name of the laboratory representative who physically collected the sample from the well, the date and time the water sample was collected, the specific point of collection of the water sample, the date and time the sample was analyzed by the laboratory.

The laboratory must indicate if the water exceeds any maximum contaminate level (MCL) or action levels for any parameters for which standards have been established by The Private Well Testing Act Regulations N.J.A.C. 7:9E and The Safe Drinking Water Act Regulations or by the administrative authority.

For changes in tenancy, the following tests shall be conducted for each new tenant/lease signing. However, they may be conducted according to the periods specified as noted. These may be kept on file with the health department and resubmitted whenever there is a change in tenancy as long as the tests were conducted and are still within the time frames noted.

Annually	Total Coliform bacteria
Tri-Annually Nitrates	Volatile Organics (EPA method 524.2 or latest version) Lead Arsenic Gross Alpha Cadmium
As recommended	Other parameters as specified by the health officer based on known contamination in this area and for which maximum contamination limits (MCL), action levels or practical quantitative limits (PQL) are known.

Remediation.

In the event that a laboratory analysis of a water sample collected from any well reveals the presence of any contaminant exceeding the maximum contamination levels as referred to in this subsection, the administrative authority and the person ordering the sample shall be notified by the laboratory within 24 hours of obtaining the test results in accordance with N.J.A.C. 7:18-4.6 and 5.6 and the Private Well Testing Act Regulation N.J.A.C. 7:9E-4.1.

The cost of all testing required by the administrative authority or by this section shall be borne solely by the purchaser/owner of the property in question and not by the administrative authority.

Whole house water POET system must be installed to correct or reduce contaminants as defined by the N.J.A.C. 7:10 Subchapter 5, State Primary Drinking Water Regulations or by the administrative authority. The system installed must comply with standards as defined by N.J.A.C. 7:10 Subchapter 12, standards for the Construction of Public Non-Community Water Systems and Non-Public Water Systems and/or as determined by the administrative authority and per the Minimum Requirements for Water Treatment Systems.

The Board of Health shall conduct an annual review of the Minimum Requirements for Water Treatment Systems document to ensure compliance with current state rules and regulations. All businesses or property owners affected by this section shall take all steps necessary to ensure compliance with this document. Copies of the "Minimum Requirements for Water Treatment Systems"* can be obtained from the board of health. This document is adopted by reference.[1]

[1]

Editor's Note: The Minimum Requirements for Water Treatment Systems referred to herein is included as an attachment to this chapter as Exhibit A.

Where required by State regulations, a plumbing permit and/or electrical permits must be obtained from the township's construction office.

Remediation may be completed after the closing as negotiated between buyer and seller.

Post-treatment test results are to be provided to the health department.

When treatment systems are installed to remediate primary contaminants, a notice shall be placed in the deed to alert future purchasers of treatment methods and maintenance requirements.

A copy of the executed deed shall be provided to the health department.

§ 16-17.4 On-Site Sewage Disposal Systems.

[Ord. #BH:2003-1, § 4; Ord. #BOH-2008-02, § I; Ord. #10-1503, § 3]

Submittal Requirements. The property owner, purchaser, leaser or authorized agent for either party shall submit:

A completed application at least 10 business days prior to transfer of properties, occupancy or changes in use. The application is available from the township board of health.

A check made payable to Hopewell Township as specified in Chapter 10, Fees, Section 10-5, Health and subsection 10-5.1, Sewerage.

A report by an independent inspection company indicating that the inspection of the septic system was conducted meeting minimum standards for the inspection of subsurface sewage disposal systems as prescribed by the administrative authority and/or the DEP.

The township has established "Minimum Requirements for the Inspection of Septic Systems Needed for the Sale, Transfer or Lease of Properties in Hopewell Township,"[1] This document shall serve as guidance for conducting septic inspections. The board of health shall conduct an annual review of this document to ensure compliance with current State rules and regulations. All businesses or property owners affected by this section shall take all steps necessary to ensure compliance with this document. Copies of the "Minimum Requirements for the Inspection of Septic Systems Needed for the Sale, Transfer or Lease of Properties in Hopewell Township" can be obtained from the board of health. This document is adopted by reference.

The report must describe in sufficient detail the basis for the decision that the septic system is in satisfactory condition, is not operating at its design capacity, is not satisfactory and/or appears to be malfunctioning or is in need of repairs or alterations so as to be brought into conformance with the standards of N.J.A.C. 7:9A-3.4.

Additionally, the report must indicate or certify that the system as designed and/or installed complies with the provisions of N.J.A.C. 7:9A-3.3 "Existing Systems," with regards to use, expansion or change in use.

[1]

Editor's Note: The Minimum Requirements for Inspection of Septic Systems Needed for Sale, Transfer or Lease of Properties in Hopewell Township referred to herein is included as an attachment to this chapter as Exhibit B.

If the report cites evidence of a malfunction, unsatisfactory condition, or needs repair, a plan to correct must be provided to the health department.

If at the time of the inspection it is reported that the existing tank(s) is not in compliance with N.J.A.C. 7:9A-8.2 "Septic tanks," for example it is not watertight, undersized, irregular in design, or is not easily accessible through a large diameter cleanout extended to grade with locking lid as required by N.J.A.C. 7:9A then the tank(s) shall be replaced and or provided with an extension to grade with manhole(s) and cleanouts as may be required to comply with current requirements.

(a)

The tank(s) shall be replaced and/or provided with an extension to grade with manhole(s) and cleanouts as required to comply with current requirements.

(b)

An effluent filter shall be required when tank(s) is replaced.

Upon review of the information submitted to the administrative authority or its authorized representative, one of the following documents will be issued within five business days of receipt of the completed application:

(a)

A Letter of Review will be issued by the health department indicating that the septic system inspector certifies in their report that the results of the inspection supports the satisfactory operation of the system.

(b)

Notice issued that additional information or data must be supplied.

(c)

Notice issued that the basis of the report, or its methods or conclusions, are rejected.

(d)

Notice issued that the system is in need of upgrade, repair or replacement and that a copy of the sales agreement needs to be provided. Specifically it should specify who is responsible for this work and when it is to be completed. Remediation does not need to occur before closing, as long as it is provided for in contract.

Rental Properties and Changes in Tenancy. Inspections shall be conducted and submitted each time a property is leased. At a minimum the tank must be pumped and a visual inspection of the disposal field is required. Changes in use or occupants must be noted in the report. Determination of wastewater generation for the proposed tenant must be provided and verified that it is within the design volume for the system. Inspection reports conducted within six months of the lease or sale may be used if more than one unit is included in the building and if all other design and occupancy conditions remain constant.

§ 16-17.5 Validity.

[Ord. #BH:2003-1, § 5; Ord. #BOH-2008-02, § I]

All letters of review issued by the administrative authority or its authorized agent shall be valid for a maximum of 12 months.

The issuance of a Letter of Review shall not imply any municipal warranty, nor shall it infer that the reports submitted on the results of any water tests or septic inspection is accurate, nor that the contractor or agent hired by the owner, buyer or seller is qualified, nor that the administrative authority warranties or certifies the quality of work done by the contractor, inspector, engineer or agent.

§ 16-17.6 Certain Sources of Potable Water Are Prohibited.

[Ord. #BH:2003-1, § 6; Ord. #BOH-2008-02, § I]

Except for households connected to an approved public community water supply the source of potable water for a public or private on-site water system shall be solely from wells. The use of springs, cisterns or surface waters shall not be accepted as a source of potable water. No cross-connection between a public water supply and a nonpublic water supply shall be permitted. All abandoned wells located must be sealed and decommissioned in accordance to NJDEP regulation.

§ 16-17.7 Hearings.

[Ord. #BH:2003-1, § 7; Ord. #BOH-2008-2, § I]

If the administrative authority, as required by this section, does not issue a Letter of Review, a hearing with the administrative authority shall be held within 15 days after the applicant makes a written request. The administrative authority shall take action accordingly within 15 days after the date of such hearing.

§ 16-17.8 Right of Entry.

[Ord. #BH:2003-1, § 8; Ord. #BOH-2008-02, § I]

The administrative authority has this authority under the Public Health Nuisance Code and other State statutes and regulations with regards to occupancies, rental properties, wells and septic systems, which are not in compliance with these rules.

§ 16-17.9 Violations.

[Ord. #BH:2003-1, § 9; Ord. #BOH-2008-02, § I]

Any person or persons, firm or corporation violating any of the provisions of this section upon conviction thereof, pay a penalty of not less than $200 for each offense and an additional penalty of $25 for each day of continuance of the violation after notice of the violation shall have been given to such person or persons, firm or corporation by the administrative authority, to be collected and enforced by summary proceedings for the collection of penalties pursuant to the New Jersey Penalty Enforcement Law. Such notice shall be given by (1) serving a copy thereof on the property owner as shown on the current tax map or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said tax map.

§ 16-18 RENTAL PROPERTY, LEAD-BASED PAINT HAZARD INSPECTION REQUIREMENTS.

§ 16-18.1 Definitions.

[Added 4-3-2023 by Ord. No. 23-1798]

The following definitions, which shall have the meaning as used in and in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1 et seq., shall apply to this section:

ACT

The Lead Hazard Control Assistance Act, P.L.2003, c311 (N.J.S.A. 52:27D-437.1, et seq.), as may be amended from time to time.

COMMON INTEREST COMMUNITY

A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.

DWELLING

A room or rooms, or suite, or apartment, unit, or space, that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.

LEAD-BASED PAINT HAZARD

Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.

LEAD-FREE CERTIFICATION

A certificate issued in accordance with N.J.A.C. 5:17, which states there is no lead-based paint, or that the dwelling has undergone lead abatement, in accordance with N.J.A.C. 5:17.

LEAD-SAFE CERTIFICATION

A certification issued pursuant to this Ordinance which confirms that a lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.

REMEDIATION

Interim controls or lead abatement work undertaken to address lead-based paint hazards.

TENANT TURNOVER

The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit, or at the time at which a new tenant enters a vacant dwelling unit.

VISUAL ASSESSMENT

A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.

VISUAL ASSESSOR

A person that is certified to perform a visual assessment.

§ 16-18.2 Lead-Based Paint Inspection.

[Added 4-3-2023 by Ord. No. 23-1798]

The owner and/or landlord of every single-family, two-family, and multiple rental dwelling built prior to 1978 within the Township of Hopewell shall cause their property to be inspected for lead-based paint hazards, through visual assessment and in accordance with the Act. The owner and/or landlord, in lieu of having the dwelling inspected by the Township, may directly hire a private lead inspector to perform the lead-based paint inspection. All inspections will otherwise be performed by the Township's Municipal Construction Office.

An initial inspection for lead-based paint hazards shall occur before July 22, 2024, or at tenant turnover, whichever is earlier. Thereafter, all such dwelling units shall be inspected at tenant turnover, or every three years, whichever is earlier, except that an inspection shall not be required at tenant turnover if the dwelling unit owner has a valid lead-safe certification for the dwelling unit.

In accordance with the Act, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:

Has been certified to be free of lead-based paint;

Was constructed during or after 1978;

Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1, et seq.);

Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or

Has a valid lead-safe certification. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.

Whenever any rental unit subject to the Act is scheduled for tenant turnover, the then-current landlord, owner, and/or agent shall provide written notice to the Township that an inspection is needed at least 14 business days prior to the scheduled date of the tenant turnover. Inspection fees shall be paid at least two business days prior to inspection. Every inspection where the landlord, tenant, owner, or agent has failed to provide access for inspection shall be deemed a failed inspection and subject to a reinspection fee.

If lead-based paint hazards are identified upon inspection, the owner and/or landlord of the dwelling unit, at his or her own cost, shall remediate the hazards through abatement or lead-based paint hazard control mechanisms, approved in accordance with the Act. Upon the remediation of the lead-based paint hazard, the Township or the owner and/or landlord's private lead inspector, shall conduct an additional inspection of the dwelling unit to certify that the hazard no longer exists.

If no lead-based paint hazards are identified, then the Township or the owner and/or landlord's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.

In accordance with the Act, the owner and/or landlord of every single-family, two-family, and multiple rental dwelling located within the Township shall:

Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township at the time of the cyclical inspection.

Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.

Maintain a record of the lead-safe certification which shall include the name(s) of the dwelling unit's tenant(s) if the inspection was conducted during a period of tenancy.

The owner and/or landlord of any dwelling subject to the Act shall inform the Township of all tenant turnover activity to ensure any required inspection may be scheduled.

The fees for a lead-based paint inspection performed by the Township shall be as follows:

The fee for a visual assessment shall be $100 per individual dwelling unit. To the extent further inspection is required, the fee shall be $200 per individual dwelling unit.

The fee for the filing of a lead-safe certification or lead-free certification shall be $25 and shall be included in the paragraph g1 fee.

In a common interest community, any inspection fee charged shall be the responsibility of the individual unit owner and not the homeowner's association, unless the association is the owner of the unit.

In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township or the owner and/or landlord's private lead inspector shall be assessed for the purposes of the Act, unless the owner and/or landlord demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.

§ 16-18.3 Violations and Penalties.

[Added 4-3-2023 by Ord. No. 23-1798]

In accordance with the Act, the penalties for a violation of this section shall be as follows:

If an owner and/or landlord has failed to conduct the required inspection or initiate any remediation efforts, the owner and/or landlord shall be given 30 days to cure the violation.

If the owner and/or landlord has not cured the violation after 30 days, the owner and/or landlord shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.