[HISTORY: Adopted by the Board of Health
of the Township of West Amwell 5-21-2003 by Ord. No. 1-2003. Amendments noted where
applicable.]
On January 1, 1990, new regulations concerning the location, design, construction, use, installation, operation and maintenance of subsurface sewage disposal systems became effective. These regulations, known as N.J.A.C. 7:9A, are annexed hereto and made a part hereof without the inclusion of the actual text of the regulations in this chapter, pursuant to N.J.S.A. 26:3-69.1 to 69.6. Pursuant to authority granted under N.J.S.A. 26:3-69.1 through 69.6 and N.J.A.C. 7:9A-3.1, the Board of Health hereby adopts N.J.A.C. 7:9A, as the same may be amended from time to time, except as specifically put forth in § 173-2 of this chapter.
A.
The regulations established and adopted by this chapter
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.
B.
The following addition is hereby made to N.J.A.C.
7:9A, Subchapter 10.1(f)4ii:
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Textural analysis (composition, by weight, of
size fraction passing the two millimeter sieve): from 85% to 95% sand
(fine and very fine sand to 25% or less by weight) from five to 15%
silt plus clay, minimum 2% clay.
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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 chapter and will
remain on file for the use and examination of the public.
No person shall locate, construct or alter any
individual sewage disposal system until a permit for the location,
construction, alteration or repairs of the sewage disposal system
shall have been issued by the administrative authority as defined
in N.J.A.C. 7:9A-2.1.
The administrative authority may issue a permit
if the application is determined to be in compliance with the regulations
adopted under this chapter and applicable local ordinances.
All individual subsurface sewage disposal systems
constructed, repaired or certified for operation after the effective
date of this chapter 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 permits issued, the provisions of the municipal code and the
provisions of N.J.A.C. 7:9A-1.1 et seq.
A.
The following fees and charges are herewith established:
(1)
For the filing of an application and plans to locate
and construct an individual sewage disposal system, plan review, site
inspections, issuance of permit and installation inspections: $250.
(2)
For the filing of an application and plans for a permit
to alter an existing individual sewage disposal system and issue the
permit: $225.
(3)
For filing an application for repair: $80.
(4)
For filing a redesign: $90.
(5)
For re-review after initial plan rejection: $15.
C.
All applications
for new or altered systems should be sent to the West Amwell Board
of Health.
[Added 3-26-2009 by Ord.
No. 2-2009]
E.
Two copies
of the approved design, with appropriate date, will be sent to the
local Board of Health office by the County Health Department. One
copy will be kept in Township files, and one will be given to the
applicant.
[Added 3-26-2009 by Ord.
No. 2-2009]
A.
When public sewage disposal systems are not available,
the applicant for development approval or for a building permit, as
the case may be, shall have soil logs and permeability tests performed,
at his own expense, by a person authorized by state law to conduct
such tests and shall submit, at the time of filing a development application
or an application for a building permit, certified reports thereof.
B.
The applicant shall show compliance with the Standards
for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A-5.1
et seq. and 7:9A-6.1) concerning the number, types and any additional
tests required. The testing of lands remaining is also required unless
the land is restricted from further development.
The applicant(s) shall be responsible for providing
adequate safety measures to permit safe access to an excavated test
area during the test procedures, as well as appropriate warning signs
and fencing, to limit access to the excavation by the public when
it is left unattended. Neither the administrative authority nor the
Township of West Amwell nor any of their officials, agents or employees
shall be responsible for any claims or liabilities arising out of
or connected with any excavation(s) made for soil testing purposes
or the results of such testing. Such testing procedures shall be conducted
solely at the risk of the owner, applicant, developer or purchaser
of the property and/or their agents and employees conducting the excavation.
Further, the following indemnification agreement shall be signed by
or on behalf of all applicants:
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THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES
AND SHOULD BE REFERRED TO YOUR LAWYER PRIOR TO SIGNING
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(I)
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(We)
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the applicant(s) for the observation and witnessing
by a representative of the BOARD OF HEALTH of a test of soil characteristics
in connection with the (check one)
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____ construction
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____ alteration
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of a subsurface individual sewage disposal system
on Block ________ Lot ________ in West Amwell Township, New Jersey,
in consideration of the participation by the BOARD OF HEALTH OF THE
TOWNSHIP OF WEST AMWELL (BOARD OF HEALTH) in the site evaluation procedure
for the design and location of a septic system on the subject property,
acknowledge (my) (our) responsibility for providing adequate safety
measures to permit safe access to the excavated test area during the
test procedures, as well as appropriate warning signs and fencing,
to limit access to any excavation by the public when the excavation
is left unattended and (I) (we) hereby agreed to defend, indemnify
and save harmless the BOARD OF HEALTH and the TOWNSHIP OF WEST AMWELL
and their elected and appointed officials, agents and employees, from
and against any and all claims and liabilities (including, without
limitation, attorneys' fees) arising out of or related to any excavation.
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The indemnification agreement shall apply notwithstanding
the actual or alleged negligence of those to be indemnified, but shall
not apply to claims or liabilities arising solely from the negligence
of those to be indemnified.
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Signature of Applicant
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Printed Name of Applicant
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Signature of Co-Applicant
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Printed Name of Co-Applicant
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Street Address
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Street Address
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City, State, Zip Code
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City, State, Zip Code
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No proposed lot shall be approved or building
permit issued unless the requirements of N.J.A.C. 7:9A-5.1 and 7:9A-6.1
are met.
A.
Whenever permeability or soil log tests are hereafter
taken pursuant to any ordinance or requirement, the applicant shall
notify the Board of Health and a representative of the Board of Health
shall be present to witness and confirm the results of such tests.
B.
The Board of Health shall designate from time to time
the person or persons to be witnesses.
A.
An inspection fee of $350 per lot per day for the
first lot and $250 per lot per day for each additional lot shall be
paid to the Township of West Amwell and forwarded to the Board of
Health Secretary, together with the name and current mailing address
of the applicant, the location, by tax lot and block number, of the
proposed tests and the proposed date for such tests.
[Amended 3-26-2009 by Ord. No. 2-2009]
B.
Any work performed outside of an approved septic site
will be considered a separate septic site and an additional $250 will
be charged.
[Added 12-1-2004 by Ord. No. 1-2004;
amended 3-26-2009 by Ord. No. 2-2009]
C.
Fees shall be remitted within one week of the initial
witnessing request confirmation or the proposed dates shall be considered
unassigned and available. No witnessing date shall be confirmed until
all fees and the indemnification agreement have been received from
the applicant and/or property owner.
[Added 12-1-2004 by Ord. No. 1-2004]
[Amended 3-26-2009 by Ord. No. 2-2009]
Any cancellation or postponement of the days
scheduled for testing by the applicant shall result in the forfeiture
of $350 per day. No rescheduling shall occur until an additional $350
per lot is paid.
A.
The reports submitted to the Township by its soil/perk
test witnesses shall be kept in the Township files for the life of
the structure or until there is connection to a public sewer as set
forth by the Division of Archives and Records Management under N.J.S.A.
47:3-15.
B.
A copy of the septic design/subdivision/site plan
application submitted for review by the County Health Department for
action by either the Planning Board or the Board of Adjustment, as
well as applications for new or altered systems, shall be submitted
simultaneously to the Board of Health office. The Township's soil
test witness for the project will review notes taken in the field
against the submission and sign off if notes are in agreement. Any
submission not consistent with the Township's witness's notes will
be forwarded to the appropriate Board Engineer for review, comment
and any further action required, or to the County Health Department
for its review and consideration. The cost of this additional work
will be billed to the applicant through the Planning Board or Board
of Adjustment escrow account, or directly to the applicant by the
County Health Department in the case of single lots. Any discrepancy
must be resolved to the satisfaction of the appropriate Board Engineer
or the County Health Department.
[Added 12-1-2004 by Ord. No. 1-2004]
[Added 12-1-2004 by Ord. No. 1-2004]
A.
There will be no more than six soil logs in one day
unless agreed otherwise by the witness.
B.
There will be no permeability testing on more than
three lots at any one time unless the witness agrees to do more.
C.
Every soil log shall have its own independent identification
number in addition to the block and lot number.
D.
All soil log holes that are located within 40 feet
of a passing permeability test shall be logged for depth, seepage
and mottling.
E.
A metal stake shall mark all passing permeability
tests.
F.
Lots will be numbered in the field prior to any testing.
G.
Lots will be cleared of underbrush prior to testing.
H.
Such other reasonable requirements as may be determined
necessary for review witnessing and approval of proposed systems and
as determined by the administrative authority or its authorized agents.
I.
The witness is a representative of the Township and
he or she has the authority to make sure that all tests are run in
accordance with N.J.A.C. 7:9A.
J.
All holes left open must be fenced in.
K.
All unused holes must be filled in before the end
of the work day.
L.
Where observations of the soil profile pit are to
be used to determine the seasonally high water table outside of the
January through April season, the supervising licensed professional
engineer must perform the observation in person.
[Added 12-1-2004 by Ord. No. 1-2004;
amended 9-27-2006 by Ord. No. 1-2006]
A.
Groundwater readings and soil logs shall be taken
during the wet season (January through April, unless the period is
lengthened or shortened by NJDEP or by the administrative authority
due to a significant departure from normal climatic conditions) for
all new construction or subdivisions where the soil is rated as having
severe constraints for septic disposal fields in the Soil Survey of
Hunterdon County, prepared by the U.S. Department of Agriculture and
severe limitations of soil and slopes as defined in the "Evaluation
of Groundwater Resources of West Amwell Township," Matthew J. Muhall,
as defined in the West Amwell Township Master Plan. These readings
shall be in accordance with the Standards for Individual Subsurface
Sewage Disposal Systems, per N.J.A.C. 7:9A.
B.
Groundwater readings and soil logs may be performed at any time of year for all new construction or subdivisions where the soil is not rated as having severe constraints, as defined in § 173-17A and shall be performed in accordance with the Standards for Individual Subsurface Sewage Disposal Systems, per N.J.A.C 7:9A and as per the conditions of § 173-16L.
C.
The certification of groundwater readings and soil
logs by the engineer shall be stated on any drawings submitted to
the administrative authority or its authorized agent prior to the
subdivision or site plan approval. The certification shall also appear
on the drawings submitted to the West Amwell Township Planning Board
or Board of Adjustment prior to site plan or subdivision approval.
[Added 12-1-2004 by Ord. No. 1-2004]
No land disturbance associated with soil testing
is to be conducted within freshwater wetlands or wetland buffer areas
prior to obtaining a freshwater wetlands permit from NJDEP. Applications
for soil testing shall include a copy of the wetlands permit issued
by NJDEP or a certification by the licensed professional engineer,
or a Presence/Absence Letter of Interpretation from the NJDEP, stating
that there are no wetlands or wetland buffers in the area of the property
to be disturbed during the testing.
[Added 12-1-2004 by Ord. No. 1-2004]
It is the responsibility of the applicant to
restore to preentrance conditions any disturbance or destruction made
to Township ditches. Any destruction to the roadway itself shall also
be their responsibility. The Road Supervisor will submit to the Board
office a report of any disturbance/destruction found at a witnessing
site. The Board office will alert the applicant for corrective action.
[Added 12-1-2004 by Ord. No. 1-2004]
All individual septic systems in operation in
West Amwell Township shall comply with N.J.A.C. 7:9A-12.1. It is also
recommended that the septic system be inspected at least every three
years and that the tank is pumped at the same time.
[1]
Editor's Note: Former § 173-21, Reserve disposal
areas, added 9-27-2006 by Ord. No. 1-2006, as amended, was repealed
7-18-2018 by Ord. No 9-2018.
