[HISTORY: Adopted by the Township Committee of the Township of Bethlehem as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-1986 as Ord. No. 226-2-86; readopted 4-17-1991 by Ord. No. 257-91; amended in its entirety 6-3-2021 by Ord. No. 226.8.2021]
The results of permeability, percolation and soil log tests, regardless of whether they are passing or failing tests, shall be submitted to the Township Board of Health or its authorized agent, the County Department of Health, and also, in the event that said tests are done in connection with a subdivision, to the Township Planning Board by the applicant or a representative designated by the applicant. Each percolation test shall include the results in minutes per inch; the date of the tests; the location, by block and lot number, of the property upon which the test occurred; the date of most recent precipitation; prevailing weather conditions; the groundwater encountered; the number of preliminary tests made to determine the apparent saturation of the soil; and the results in equalization of distance and time. Each soil log shall state the type or types of soil encountered using the unified soil classification system, the thickness of said soil layers and any additional factors pertinent to the percolation test results.
A. 
An applicant shall arrange directly with the Clerk of Percolation Test Record Results for the scheduling of percolation tests.
B. 
The applicant shall pay to the Township for the services of the Clerk of Percolation Test Record Results. The applicant shall pay all fees owed due to the Township at least one business day prior to the scheduled test. Failure to pay the fees shall result in the cancellation of the scheduled test.
C. 
Said fee shall not be refundable if the applicant or designated representative for the applicant fails to appear within one hour of the time scheduled for each test.
[Amended 2-16-2023 by Ord. No. 226.8.2023]
The percolation test witness fee shall be $550 per day per existing and/or proposed block and lot.
On April 2, 2012, new regulations concerning the location, design, construction, use, installation, operation and maintenance of subsurface sewage disposal systems became effective. A copy of those regulations is attached hereto and made a part hereof without the inclusion of the actual text of the regulations in this article, pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. Pursuant to authority granted under N.J.S.A. 26:3-69.1 through 26:3-69.6 and N.J.A.C. 7:9C-3.1, the Board of Health hereby adopts these regulations.
The regulations established and adopted by this article are described and commonly known as "Standards for Individual Subsurface Sewage Disposal Systems" and are set forth in the New Jersey Administrative Code, Title 7, Chapter 9A, commonly cited as N.J.A.C. 7:9A-1.1 et seq. Pursuant to N.J.S.A. 26:3-69.2, three copies of the regulations have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this article and will remain on file until final action is taken on this article for the use and examination by the public.
No person shall locate, construct, improve, expand or alter any individual sewage disposal system until a permit for the location, construction, alteration or repair of said sewage disposal system shall have been issued by the administrative authority as defined in N.J.A.C. 7:9A-2.1.
A. 
All new individual subsurface sewage disposal systems shall be located in accordance with the principal building setbacks of the lot to be served by the system and must be shown on a site plan. In addition, an alternate site for any new individual subsurface sewage disposal system must be shown on a site plan.
B. 
An individual subsurface sewage disposal system replacing a failed existing system or altering an existing system shall be subject to the following setback requirements:
(1) 
All tanks, piping and disposal fields proposed at or below existing grade shall be located in accordance with N.J.A.C. 7:9A-4.3 required separation distances.
(2) 
Mounded disposal fields are not permitted in the front yards and shall be set back from all side and rear property lines a minimum distance of 50% of the required building setback in the zone or as permitted in N.J.A.C. 7:9A-4.3, whichever is greater.
C. 
Any difficulty of compliance with this requirements of this article or deviations from N.J.A.C. 7:9A-1.1 et seq. requiring municipal approval shall be presented to the Municipal Planning Board for review.
The administrative authority may issue a permit if the application is determined to be in compliance with the regulations adopted under this article and applicable local ordinances.
All individual subsurface sewage disposal systems constructed, repaired or certified for operation after the effective date of this article shall comply with the operation and maintenance requirements set forth under N.J.A.C. 7:9A-12.1.
New individual subsurface sewage disposal systems shall not be placed in operation, nor shall any dwellings or buildings or additions thereto be sold or occupied, which rely on such a system for sewage disposal, until the administrative authority shall have issued a certificate indicating that the subsurface sewage disposal system has been located and constructed in compliance with the terms of the permit issued, the provisions of the Municipal Code and the provisions of N.J.A.C. 7:9A-1.1 et seq.
Any approved application for the location, construction and/or alteration of an individual subsurface sewage disposal system shall be valid for a period of five years from the date of issue. Thereafter, a new approved application must be obtained which will be reviewed under the regulations in effect at the time of the new application.
The following fees and charges are herewith established:
A. 
The fee for the filing of an application and plans to locate and construct a new, altered or repaired individual sewage disposal system, plan review, site inspection, issuance of permit and installation inspections shall be payable to the Hunterdon County Health Department in accordance with their fee schedule.
B. 
Applicants seeking relief from the Planning Board in accordance with § 181-6C shall submit fees in the amount of $200 for the first deviation and $100 for each additional. The total of all review fees shall not exceed $400 per lot.