[HISTORY: Adopted by the Township Council
of the Township of Evesham 2-6-1973 by Ord. No. 2-1-73; amended in
its entirety 8-7-1990 by Ord. No. 33-8-90. Subsequent amendments noted
where applicable.]
A.
A code regulating the location, design, construction,
installation, alteration, operation and maintenance of individual
subsurface sewage disposal systems and fixing penalties for the violation
thereof is hereby adopted pursuant to N.J.S.A. 58:11-23 et seq. and
N.J.A.C. 7:9A-1.1 to 12.8. A copy of said code is annexed hereto and
made a part hereof without inclusion of the text thereof herein.
B.
Said code established and adopted by this chapter
is described and commonly known as "Standards for Individual Subsurface
Sewage Disposal Systems."
Three copies of said Standards for Individual
Subsurface Sewage Disposal Systems have been placed on file in the
office of the Secretary, Clerk or other similar officer of this Township
Council upon the introduction of this chapter and will remain on file
in said office for the use and examination of the public.
A.
No on-site sewage disposal system shall be installed
which will produce an average groundwater nitrate concentration greater
than two parts per million at the property line, using the most recent
New Jersey Pinelands Commission nitrate reduction dilution model.
In the case of new applications for major subdivisions, the nitrate
dilution shall be calculated using the outbound lines of the subdivision;
water surface areas of lakes, ponds and streams shall not be considered
in the calculation.
[Amended 11-6-1990 by Ord. No. 41-9-90]
B.
Except in the Pinelands area, a septic system shall
not be installed on any lot which is located within 200 feet of an
active public sewer; instead, in such a case, the public sewer will
be utilized.
[Amended 11-6-1990 by Ord. No. 41-9-90]
C.
Any evaluation of soil for the purpose of determining
the estimated seasonal high groundwater table, pursuant to the standards
adopted by reference herein, shall be conducted only in the months
from January through April inclusive, except in areas where soils
identified in the Burlington County Soil Survey Report (prepared by
the United States Department of Agriculture Soil Conservation Service)
indicate an estimated seasonal high-water table greater than five
feet.
A.
The Director of Health shall have sole authority to
grant a waiver from the maximum two parts per million nitrate concentration
at the property line in cases where a new septic system is being installed
if the applicant and property in question meet the following qualifications:
(1)
The property in question would have no reasonable
use and/or no reasonable economic utility unless a waiver of the dilution
standard is granted.
(2)
The applicant proposes to utilize an alternate sewage
disposal system which, at the time of application, represents the
best available technology for on-site wastewater disposal.
(3)
The applicant and/or the property in question otherwise
meets the requirements of this chapter and the standards adopted by
reference herein.
(4)
The operation of the on-site wastewater system is
projected to have a nitrate concentration at the property line no
greater than 10 parts per million, using the most recent New Jersey
Pinelands Commission nitrate reduction dilution model.
(5)
The granting of the hardship waiver will not cause
any adverse impact on public health, safety or welfare.
(6)
In Pinelands areas, a waiver of strict compliance
must be obtained by the applicant prior to consideration of a waiver.
The Pinelands waiver of strict compliance is merely a prerequisite
for a waiver by the Director of Health, but the issuance of a waiver
by the Pinelands Commission does not require the Director of Health
to issue a waiver under this section.
(7)
There is no vacant adjacent land that may be used
to create a conforming lot.
(8)
Public notice shall be given on all applications for
waivers pursuant to this section. The applicant shall place an advertisement
of the hearing in the official newspaper of the Township and shall
give notice to the owners of all real property located within 200
feet in all directions of the property which is the subject of such
hearing and to the Evesham Township Environmental Commission which
shall make recommendation to the Director of Health. Notice shall
be given by serving a copy thereof on the property owner as shown
on the current tax duplicate or his agent in charge of the property
or mailing a copy thereof by certified mail to the property owner
at his address as shown on the current tax duplicate.
(a)
Applicants may apply to the Evesham Township
Tax Assessor for a list from the current tax duplicate of names and
addresses of owners to whom the applicant is required to give notice.
(b)
The applicant shall file an affidavit of proof
of service with the Director of Health at least five days prior to
the hearing.[1]
[1]
Editor's Note: Former Subsections A(9) and
(10), regarding monitoring wells and which immediately followed this
subsection, were repealed 11-6-1990 by Ord. No. 41-9-90.
In addition to the standards adopted by reference
herein, no holding tanks shall be installed or placed in use until:
A.
The person applying for the permit required in the
code presents a contract with a person or firm licensed by the State
of New Jersey to haul sewage sludge, which indicates that said hauler
has access to primary and secondary sewage disposal facilities. The
Township of Evesham must be named as a party to the contract with
the right to compel enforcement of the contract.
B.
The holding tank installed must have a clearly visible
flashing light alarm which flashes when the capacity of the holding
tank is 3/4 full and greater.
A.
Persons shall not engage in the business of emptying
or cleaning septic tanks, cesspools, privies or any place used for
the reception or storage of sanitary sewage (as defined in the New
Jersey Administrative Code) who do not hold a license to engage in
such business issued by the Director of Health. Such licenses shall
be valid for a period of one year from the date of issuance but may
be renewed by the Director of Health. Said license may be revoked
for the failure of the licensee to comply with the provisions of the
code or any rule or ordinance of the Township.
B.
The contents of any septic tank, cesspool, privy or
other receptacle containing sanitary sewage (as defined in the New
Jersey Administrative Code) shall not be removed until a permit for
such removal has been obtained from the Director of Health.
The Director 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 of
any of the provisions of the code. 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
systems or any part thereof, no further work shall be done thereon,
except as aforesaid.
There shall be an application fee as specified in Chapter 72 of this Code for operating and renewal licenses pursuant to the standards adopted by reference herein.
