[Adopted 5-24-2011 by Ord. No. BH1-2011[1] ]
[1]
Editor's Note: This ordinance also superseded
former Art. II, Septic Management Program, adopted 4-26-2005 by Ord.
No. BH1-2005.
In addition to the purposes set forth in N.J.A.C. 7:9A-1.1,
it is the purpose of this article to:
A.
Regulate individual subsurface sewage disposal systems in the program
areas to protect public health and welfare and the environment, and
to provide for a means of educating owners/operators, as defined herein,
in the characteristics of such systems and the proper procedures for
altering, operating and maintaining them.
B.
Maintain records and help prevent the future malfunction of septic
systems in the program areas.
This article prescribes maintenance of new and existing individual
subsurface sewage disposal systems in the program areas.
All definitions in Subchapter 2 of the Department of Environmental
Protection (DEP) Standards for the Construction of Individual Subsurface
Sewage Disposal Systems, N.J.A.C. 7:9A-1.1 et seq., and any amendments
thereto ("DEP Regulations") are hereby incorporated into this article,
with the following additions:
That section of the Township defined in the document entitled
"Program Development and Implementation Report, Byram Township Septic
System Management Pilot Project, Cranberry Lake, N.J.," dated August
1989, revised January 1990, prepared by the Sussex County Planning
Department. That document defines the septic management district as
"developed land immediately surrounding Cranberry Lake, bordered on
three sides by the Allamuchy State Park and by Route 206 on the fourth."
Township Tax Maps show that this definition overlooks a small area
at the beginning of South Shore Road, where the management district
boundary is defined neither by the park boundary nor Route 206. In
this area, the small stream flowing from Johnson Lake to Dragon Brook
and paralleling this section of South Shore Road will provide the
boundary. The district boundary is shown on an Official Map on file
with the Township Clerk.
An educational program administered by the Township regarding
the fundamentals of individual subsurface sewage disposal systems
and the proper procedures for the operation and maintenance of such
systems.
An exemption from the standard three-year pumping schedule, to a four-, five- or six-year schedule, which can be granted by the Byram Township Board of Health through the procedure defined in § 272-15E of this article.
A one-year extension beyond the required pumping date, based
on certain documents supplied by a pumper or engineer and which can
be granted by the Septic Management Program Administrator (see "verification
of extension" in this section).
That section of the Township consisting of developed land
immediately surrounding Lake Lackawanna, bounded on the southeast
by the large wooded parcel owned by Lake Lackawanna Investment Company;
on the northeast by the Lackawanna Cut-off right-of-way; on the northwest,
west and southwest by the undeveloped ridges above the lake; and on
the south by the state-preserved parcel managed by New Jersey Natural
Lands Trust. The district boundary is shown on an official map on
file with the Township Clerk.
The person or entity that owns the realty and improvements,
including the septic system, or that leases the realty but owns the
improvements, including the septic system, and that is liable for
the obligations imposed by this article. For the purposes of this
article, the "owner" is the owner of record currently identified on
the Township's property record card system.
A sketch drawn by the owner, or agent on behalf of the owner,
showing the type (if known) and location (both the tank and the leaching
area) of the individual subsurface sewage disposal system servicing
the property, as well as the location and type of any on-site water
supply. All plots shall be drawn to scale and list the dimensions
used. Alternatively, "plot plan" means a copy of an existing survey
that delineates the individual subsurface sewage disposal system.
The Township of Byram and its authorized agents, including,
but not limited to, the Byram Township Board of Health, the Sussex
County Division of Health, and Township or county health officers.
Verification by a septic pumper or licensed engineer that
the individual subsurface sewage disposal system servicing a property
does not need to be pumped for one year. Written verification must
be submitted on the pumper's or engineer's letterhead and
include a brief explanation of why pumping should not be required.
The verification must further state that it is based on a physical
inspection and must be dated and signed by the pumper or engineer.
The Administrator of the Septic Management Program may then extend
the pump date for one year.
A.
Septic management materials. The Township shall conduct an educational
program based on New Jersey Department of Environmental Protection
and Sussex County septic management publications and shall make these
materials available to property owners within the Cranberry Lake and
Lake Lackawanna program areas and to other residents of Byram.
B.
Initial registration. When new septic management program areas are
established, the Township will require that each homeowner submit
a registration form within six months, including:
C.
Minimum pumping requirements.
(1)
Unless a request for an extension or an application for an exemption
has been granted in accordance with provisions of this article, each
individual subsurface sewage disposal system in the program areas
must be pumped at least every three years.
(2)
Homeowners may adopt a one- or two-year pumping schedule, or the Township may require such a schedule where there is evidence that a system is substandard or functioning poorly. In these cases, the administrative fee shall be prorated (see § A287-1, Schedule of fees established).
(3)
Where an exemption is granted, the system must be pumped at least
once every six years.
D.
Subsequent compliance.
(1)
The Township will issue a notice that the septic system must be pumped
to each property owner at least 60 days prior to the due date, which
shall be the anniversary of the most recent pumping, extension, or
exemption.
E.
Exemptions.
(1)
The Township may exempt a system from the standard three-year pumping
requirement, designating instead a four-, five-, or six-year schedule.
All systems must be pumped at least every six years.
(2)
An application for an exemption must be reviewed and approved by the Board of Health, according to the procedure outlined in Subsection E(4).
(3)
The Township retains the right to have the Township's Sanitary
Inspector inspect the system, with the charges to be paid by the owner.
(4)
Procedure to apply for an exemption. A property owner seeking an
exemption must schedule with the Byram Township Board of Health Secretary
an appearance before the Board to explain the request. The property
owner must obtain an application for an exemption from the Board Secretary
and submit the following facts and documents at least four weeks before
the scheduled appearance before the Board:
(a)
A professional plot plan of the property, including all structures,
roads and driveways, and the septic system. The parts of the septic
system must be shown separately and in their accurate locations. Depending
on the age of the system, these parts may include a concrete or metal
tank, leach pit or field, a combination of tank and leach pit, or
other arrangements. The parts must be specifically identified and
their size noted (the tank measured in gallons, the field or pit measured
in feet), and this information must be verified by documents signed
and sealed by a professional engineer and/or by documents reviewed
and approved by the Sussex County Division of Health (SCDOH) who serve
as the Township's sanitary engineers. The original installation
of the current septic system and any subsequent revisions/repairs
must be documented in designs approved by the SCDOH and in documents
from the SCDOH certifying the proper installation of said designs.
If these documents are not available, the applicant may submit an
"as built" drawing signed and sealed by a professional engineer (not
the applicant, should the applicant be an engineer). If any parts
of the system are under a driveway, road, building, or other structure,
the surface covering the system must be described (for example, the
surface of the driveway) and the access to the system explained. The
plot plan must be to scale and must show the distances between the
parts of the septic system and wells, septics and structures on adjacent
properties.
(b)
Information on the size and description of the house.
(c)
Permission for the Township sanitarian to inspect the system
if the Board deems this necessary.
A.
The penalty for each separate offense is $100.
B.
Penalties may be paid through the Violations Bureau for the penalty
of $100 plus court costs, along with proof of pumping and the septic
management administrative fee as stipulated in § 287-1,
Schedule of fees established.
C.
Nothing in this section shall be construed as limiting the remedies
of the Township for ongoing violations of this article. The Township
may proceed under any other remedy available at law or in equity for
any violation of this article or any term or condition of any failure
to comply with any notice or order issued by the Township under this
article.
