[HISTORY: Adopted by the Board of Health
of the Borough of Upper Saddle River as Ch. BH-V of the Revised General
Ordinances, 1971. Amendments noted where applicable.]
A.
A code regulating the location, construction, use,
maintenance and method of emptying or cleaning individual sewage disposal
systems, the issuance of permits to locate, construct, empty or clean
such systems, and fixing penalties for the violation thereof is hereby
adopted pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of the code
is annexed to this chapter and made a part of it without inclusion
of the text herein.
B.
The code established and adopted by this chapter is
described and commonly known as the "Individual Sewage Disposal System
Code of New Jersey (1963)."
Three copies of the Individual Sewage Disposal
System Code of New Jersey (1963) have been placed on file in the office
of the Secretary of the Board of Health for use and examination by
the public.
No person shall locate, construct or alter any
individual sewage disposal system until a permit for the location,
construction or alteration of the sewage disposal system has been
issued by the Board of Health or its authorized representative.
New individual disposal systems shall not be
placed in operation, nor shall new dwellings or additions thereto
be sold or occupied which must rely on such a system for sewage disposal,
until the Board of Health has issued a certificate indicating that
the disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the aforesaid
code. Issuance of such certificate shall not be required for alterations
to an existing individual sewage disposal system.
[Amended 6-20-2022 by Ord. No. 1-22 (BOH)]
The contents of any septic tank, privy or other
receptacle containing human excrement shall not be removed until a
permit for such removal has been obtained from the Board of Health.
If a permit or certificate required by this
chapter 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 the 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 the violation, and
thereafter the work continued without any violation of any of the
provisions of the code, and after issuance of such order and the service
of a copy thereof upon any person connected with or working in and
about the erection or installation of the disposal system or any part
thereof, no further work shall be done except as aforesaid.
[Amended 6-18-1973; 11-21-1983; 5-6-2021 by Ord. No. 6-21]
Fees shall be as follows:
A.
New septic
system test hole/plan review combined: $400; construction: $600; total:
$1,000.
B.
Alteration:
$400; test hole/plan review: $400; total: $800.
C.
Repair:
$100.
D.
Septic contractor's
license: $150.
E.
Septic cleaner's
license: $150.
F.
Septic cleaning
permit: $5.
G.
Septic abandonment:
$100.
H.
Architect
plan review fee, interior: $50.
I.
Architect
plan review fee, exterior: $50.
J.
Review
plan review, second/third (charged to engineer): $75.
The provisions of Section 17.1(a) and (b) of
the Individual Sewage Disposal System Code of New Jersey (1963) are
hereby deleted and there is substituted in their place and stead the
following:
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(a)
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Application - A properly executed application
has been submitted on a form supplied by the administrative authority.
Such an application shall be accompanied by an accurate plan prepared
by a professional engineer licensed to practice in the State of New
Jersey, including thereon the following information:
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(1)
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All existing topographical features, including
existing structures, easements, rights-of-way and subterranean structures,
within a radius of 50 feet of any component of the proposed septic
system.
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(2)
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All wells on this property and adjacent properties
in accordance with requirements of the Water Supply Code of New Jersey
(1959), Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 3-69.6).
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(3)
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The location and size of proposed structures
and paved areas with distances to all lot or property lines.
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(4)
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The source of potable water and supply system
therefor.
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(5)
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The location and size of the proposed septic
system with distances to all property lines, proposed structures,
existing structures.
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(6)
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A profile of the septic system, to include elevations
of the first floor and cellar of residence, bottom of seepage pits
or drainfield and existing and proposed ground levels on aforementioned
items.
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(7)
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Data on which design has been based, such as
the number of bedrooms (including any expansion attic) for single-family
dwellings or estimated daily sewage flow as determined by the provisions
of this code for establishments other than single-family dwelling.
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(8)
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Contours at contour intervals of one foot for
existing ground level and proposed final grade, to include an area
a minimum distance of 30 feet beyond all exterior limits of the proposed
septic system. The administrative authority or its authorized agent
may require additional contour coverage or smaller or larger contour
interval if, in the opinion of the administrative authority or its
authorized agent, special conditions exist requiring such.
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(9)
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Roof drain locations with disposal of runoff
shown.
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(10)
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A test pit soil log in the area to be occupied
by the proposed septic system, showing elevation of water table.
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(11)
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Bench mark with elevation (relative).
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(b)
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Percolation tests - The results of one or more
percolation tests have been submitted to and found satisfactory by
the administrative authority or its authorized agent. Such tests shall
be conducted in accordance with the provisions of this code and in
a manner satisfactory to the administrative authority. Notification
that such tests will be made shall be given to the administrative
authority or its authorized agent at least 48 hours prior to such
testing. The administrative authority or its authorized agent shall
have the right to witness these tests.
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[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
As used in this chapter, the following terms shall have the
meanings indicated:
One who installs, alters, repairs and/or cleans septic systems.
Any method for disposing of sewage and waste, including,
but not limited to, septic tanks, sewers, cesspools, and privies.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
All septic contractors shall be licensed annually by the Upper
Saddle River Board of Health. Said license shall be issued in accordance
with the provisions set forth in this chapter, the Borough Code and
applicable state law. Upon passing the appropriate examination and
paying the required fee of $150, all licenses shall be issued for
a period of one year beginning on January 1 and ending on December
31. A contractor who has successfully completed the septic contractor
examination in Upper Saddle River, with the $100 test fee, Franklin
Lakes or Oakland shall be eligible to work as a septic contractor
in the Borough.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
All septic contractors shall submit to the Board of Health a
surety bond in favor of the Borough in the amount of $30,000, which
shall secure performance of work within the Borough. The person who
is licensed by the Borough as a septic contractor shall be the sole
individual specifically named and covered under the surety bond. The
bond shall be effective from January 1 through December 31 and shall
list the types of permits that will be applied for during the year,
such as new septic system installations, septic alterations, septic
repairs and/or septic system cleanings.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
The septic contractor or its representative shall be required
to be on premises during such time as a septic system is constructed,
installed, altered, repaired, or cleaned.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
The license of a septic contractor may be revoked or suspended
by the Board of Health upon showing that the contractor violated the
terms of this chapter or engaged in conduct which has caused improper
and unnecessary repairs or replacement of a septic system.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
No person, corporation or entity who or which shall inspect
any septic system in the Borough in connection with the resale of
a residence or commercial building or the issuance of a mortgage commitment
or financing for such residence or commercial building shall contract
for the repair or replacement of the septic system that is being inspected.
[Added 6-20-2022 by Ord.
No. 1-22 (BOH)]
[Added 6-23-1986]
Any person who violates or neglects to comply
with any provision of this chapter or code established herein or notice
issued pursuant thereto shall, upon conviction thereof, be liable
to a penalty of not less than $5 nor more than $500 for each violation.
