[HISTORY: Adopted by Board of Health of the
Borough of Montvale 7-11-1960 (Ch. 125 of the 1966 Code). Amendments noted where applicable.]
The purpose of this chapter shall be to protect
the public health by regulating the installation, erection and alteration
of potable water supply and sewage services upon certain realty improvements
and shall supplement all existing codes and ordinances of the Board
of Health[1] of the Borough of Montvale and shall authorize the enforcement
and penalties for violation thereof.
Authority for the enforcement of this chapter
shall be governed by the provisions of Chapter 199, Public Laws 1954,[1] and the whole or any part thereof may be enforced at any
time should it be deemed necessary by the Board of Health.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Borough of Montvale, State of
New Jersey, and/or authorized representatives or official employees.
A written statement certifying the conformity of the proposed
sewage facilities to established borough codes.
A professional engineer licensed in the State of New Jersey.
Water supply which has been approved by the State Department
of Health, pursuant to Title 58 of the Revised Statutes or any other
law.
A sanitary sewer system which has been approved by the State
Department of Health pursuant to Title 58 of the Revised Statutes
or any other law.
Any installation or structure designed to provide domestic
or potable water supply.
Any installation or structure designed to provide for the
collection and disposal of sewage.
Any proposed new residence or other building the useful occupancy
of which will require the installation or erection of a water supply
system or sewage facilities, other than one which is to be served
by an approved water supply and an approved sewage system.
The State Department of Health of New Jersey.
A written report of the type, nature and depth of soils found
and the depth to groundwater, as prepared by a licensed professional
engineer of the State of New Jersey and submitted over his signature
and seal to the Board of Health.
This chapter shall be known and may be cited
as "The Realty Improvement Sewage Disposal and Water Supply Ordinance."
No building permit for the construction of a
realty improvement shall be issued by the Borough of Montvale, nor
shall construction of any realty improvement be begun until the Board
of Health of this Borough shall have certified that the proposed water
supply systems and sewage facilities for said realty improvement or
improvements are in compliance with the provisions of this chapter.
A.
No certificate
of occupancy shall be issued by the office of the Building Subcode
Official for any completed dwelling or place of business until such
time as the sewage disposal system of such new dwelling or place of
business shall have been approved by the Sanitary Inspector of the
Board of Health and his written approval obtained.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
The application for certification for one or
more realty improvements fronting on any street, existing or proposed,
shall be made in writing and upon formal application blanks when provided
by the Board of Health and shall contain the following data:
A.
A plan or map
showing the property to be served, the boundaries and dimensions thereof,
the location of the building(s), the location of proposed sewage facilities,
the location of any sources of potable water supply and the location
of percolation test holes, test pits, if required, and drainage rights-of-way,
prepared by a licensed professional engineer of the State of New Jersey.
B.
If the natural
or original grade is to be altered, a sketch of elevation showing
the amount of cut or fill, if required.
C.
The number of
bedrooms, including expansion attic.
D.
Results of percolation
tests and/or subsoil and groundwater determinations, as required.
E.
Proposed elevations
of final grading shown at lot corners and any contemplated change
of slope.
F.
Storm sewers.
G.
Drainage right-of-way
and any contemplated diversion thereof affecting the realty improvement.
H.
Location and depth
of all private and public water supplies within 500 feet of the realty
improvement.
I.
Location of percolation
and subsoil test holes, their depths and results and determinations
thereof as required by the Board.
J.
Details as set forth in Chapter 350, Subdivision of Land, of the Code of the Borough of Montvale, if deemed necessary by the Board.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
L.
Commercial and
industrial realty improvements shall be subject to special consideration
of Board of Health.
All engineering data required under § 461-6 shall be performed and certified to by a licensed professional engineer.
A.
Percolation test
and test pits shall be performed according to standards as set forth
in N.J.A.C. 7:9A and a written report in the form of a soil log shall
be prepared by a licensed professional engineer of the State of New
Jersey and submitted over his signature and seal to the Board of Health.[1]
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
If any violations of any of the provisions of
this chapter shall occur, the Board of Health shall have the right
to order all further work to be suspended and not to allow any further
work to continue except to rectify said violations. If violations
are not rectified from date of notice, the person or corporation shall
be liable to a penalty of $200 and an additional penalty of $25 per
day until said violations are rectified and accepted by the Board
of Health.
A.
Any person convicted
of the violations of this chapter may, in the discretion of the court
by which he was convicted and in default of the payment of any fine
imposed therefor, be imprisoned in the county jail or place of detention
provided by the municipality for any term not exceeding 90 days.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
All ordinances, codes or parts of same, inconsistent
with any of the provisions of this chapter are hereby repealed to
the extent of such inconsistency.
In the event that any section, sentence or clause
of this chapter shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This chapter shall take effect 30 days after
the first publication of the chapter in accordance with the provisions
of N.J.S.A. 26:3-69.
