Pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.2,
the regulations set forth in Title 7, Chapter 9A of the New Jersey
Administrative Code titled "Standards for Individual Subsurface Sewage
Disposal Systems" are hereby adopted by reference in their entirety.
In addition to the penalty established in Chapter
500, Article
IV, there shall be imposed a fine of $100 for each and every day that a violation of the above-referenced regulations exists.
[Amended 9-8-2008 by Ord. No. 8-01]
Three copies of N.J.A.C. 7:9A have been placed
on file in the office of the Board of Health upon introduction of
this article and shall remain on file there for the use and examination
of the public.
[Amended 11-7-2022 by Ord. No. BH2022-2]
A. In addition to compliance with the distances established by N.J.A.C.
7:9A-4.3, all disposal fields and seepage pits for new systems or
alterations with an expansion of use shall be located no less than
25 feet from a rear or side property line adjacent to a developable
property. This requirement shall not apply to property lines adjoining
roadway rights-of-way. In no instance shall the municipal requirement
be less stringent than the state regulation. This requirement does
not apply to alterations without expansion of existing systems.
B. Where a property owner demonstrates to the Board that the enforcement
of this requirement would create a substantial hardship, the Board
of Health may grant a variance from this requirement where said variance
will not have a detrimental impact on health, safety or welfare or
create a hardship on adjacent properties. Said variance shall be granted
in the minimum amount necessary to relieve said hardship.
In case any permit or certificate required by
this article is denied by the Board of Health, a hearing shall be
held thereon before the Board within 15 days after request therefor
is made by the applicant, and upon such hearing the Board of Health
shall affirm, alter or rescind its previous determination and take
action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work
in and about any individual sewage disposal system which is being
erected or installed in violation of the Code to be stopped forthwith,
except such work as shall be necessary to remedy such violation, and
thereafter the work continued without any violation of any of the
provisions of the code, and after issuance of any such order and the
service of a copy thereof upon any person connected with or working
in and about the erection or installation of any such disposal system,
or any part thereof, no further work shall be done thereon except
as aforesaid.