[HISTORY: Adopted by the Board of Health of the Township of Hampton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-1964]
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 said systems; and fixing penalties
for the violation thereof is hereby adopted pursuant to c. 188, P.L. 1950
(N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and
made a part hereof without inclusion of the text thereof herein.
Said code established and adopted by this article is described and commonly
known as the "Individual Sewage Disposal System Code of New Jersey (1963)."
Three copies of said Individual Sewage Disposal System Code of New Jersey
(1963) have been placed on file in the office of the Board of Health and will
remain on file in said office for use and examination by the public.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for the location, construction or alteration
of said sewage disposal system shall have been issued by the Board of Health.
B.
The Board of Health may issue a permit if an application
for the same is accompanied by a certificate made by an engineer licensed
to practice professional engineering in New Jersey, stating that the design
of the individual sewage disposal system as proposed is in compliance with
the code.
[Added 12-3-1969]
A.
License required. No person, firm or corporation shall
engage in the business of installing individual or any other type of sewage
disposal systems in the Township of Hampton unless and/or until such person,
firm or corporation has demonstrated a thorough knowledge of the law applicable
to installation of individual sewage disposal systems.
B.
Examination. The Hampton Township Board of Health or
its authorized agent shall conduct examinations designed to test the knowledge
and ability of applicants for a license as a certified builder and installer
of individual sewage disposal systems in accordance with this code. Examinations
shall be held at least once yearly. No person shall be admitted to the examination
for a license as a certified individual sewage disposal system installer unless
he has met the requirements as set forth on the application and has shown
proof of being at least 21 years of age, is a citizen of the United States
and has had at least two years' experience in the business of installing individual
sewage disposal systems or the equivalent thereof.
C.
Issuance of license. The Hampton Township Board of Health
shall issue an appropriate license to each applicant who has successfully
passed the examination for a license to build and install individual sewage
disposal systems in Hampton Township. Such license shall not be transferable.
Licenses held in other towns shall not be accepted in lieu of taking the examination.
D.
Renewal of license. All licenses to build and install
individual sewage disposal systems in Hampton Township shall expire on the
last day of December of each year and shall be renewed for the ensuing year
prior to any work being done during said year.
E.
Revocation of license. The license held by a certified
installer of individual sewage disposal systems in Hampton Township may be
suspended or revoked by the Hampton Township Board of Health or by the Board's
authorized agent should the holder of such license be shown to be incompetent
in his work or should it be proven that said license was obtained through
fraudulent means or misrepresentation.
F.
License fees. An examination and fee of $15 is required
for the initial license of certified builders and/or installers of individual
sewage systems. An annual renewal of said license is required as of December
31 of each year for a renewal fee of $10. A list will be formulated of all
licensed contractors each year in the order that they renew their licenses.
Failure to renew said license will result in termination of the license and
deletion from the certified list and another examination and initial fee will
be required for licensure.
[Amended 3-16-1976]
A.
New individual disposal systems shall not be placed in
operation, nor shall new dwellings or buildings or additions thereto be sold
or occupied which must rely on such a system for sewage disposal, until the
Board of Health shall have issued a certificate indicating that said 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.
B.
The Board of Health may issue such a certificate if an
engineer licensed to practice professional engineering in New Jersey submits
a statement in writing, signed by him, to the Board of Health, to the effect
that the said disposal system has been located and constructed in accordance
with the terms of the permit issued and the requirements of the aforesaid
code.
A.
Persons shall not engage in the business of emptying
or cleaning septic tanks, cesspools, privies or any other place used for the
reception or storage of human excrement who do not hold a license to engage
in such business issued by the Board of Health. Such licenses shall be valid
for a period of one year from the date of issuance, but may be renewed by
the Board of Health. Said license may be revoked for failure of the licensee
to comply with the provisions of the code or any rule or ordinance of the
Board of Health.
B.
The contents of any septic tank, cesspool, 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.
In case any license, permit or certification 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
such hearing.
[Added 5-5-1971]
A.
Minimum distances. There shall be a minimum distance
of 100 feet between all water wells and the leaching field or drainage area,
and there shall be a minimum distance of 100 feet between the leaching field
or drainage area and all watercourses.
[Amended 7-16-1974]
B.
"Watercourse" shall mean and include any lake, pond,
cove, inlet, river, stream, pool, swamp, wetland, bog or seasonal stream or
ditch which carries water or has the potential to carry water, and all other
bodies and courses of water.
C.
The following is hereby deleted from the code: Section
3.2, Distances. The column entitled "Water (a) Course Feet" shall be deleted.
D.
Existing realty improvements.
(1)
All existing properties containing realty improvements
which may require new water wells or new septic systems shall be exempt from
the provisions of the foregoing sections if said sections cannot be complied
with.
(2)
In such cases of hardship, the Health Officer of Hampton
Township shall make an inspection of the property in question and shall determine
the location of new water wells and/or septic systems or alterations thereof.
(3)
Any applicant aggrieved by a decision of the Health Officer
may appeal to the Hampton Township Board of Health for relief.
[Added 7-2-1969]
The following minimum standards for construction of individual sewage
disposal systems are hereby established:
A.
Disposal fields. The minimum size of disposal field,
when so prescribed, shall be 750 square feet.
B.
Seepage pits.
(1)
The minimum size seepage pit, when so prescribed, shall
be 10 feet in diameter and 15 feet below the invert of the inlet pipe. When
the soil is satisfactory, two pits may be used, each with a depth of 7 1/2
feet below the invert of the inlet pipe and a diameter of 10 feet.
(2)
Seepage pits shall be 20 feet apart. A precast concrete
distribution box shall be used to distribute the effluent equally when more
than one seepage pit is installed.
C.
Septic tank requirements.
[Amended 7-16-1974; 11-16-1999
by Ord. No. 99-13]
(1)
Septic tanks serving single-family dwelling units with
four or fewer bedrooms shall have a minimum capacity of 1,500 gallons. Septic
tanks serving single-family dwelling units with five or more bedrooms shall
have an additional capacity of at least 250 gallons per bedroom.
(2)
All septic systems must have either a single tank with
two compartments or two tanks providing the required capacity. The septic
tank must be provided with a manhole frame and cover for septic tank access
on each compartment and installed at the finished grade of the property. The
manhole and frame must be equivalent to Campbell Foundry Pattern No. 1302A
and constructed with a bituminous seal where the casting meets the top of
the septic tank. The finished grading must divert surface water away from
the manhole cover, which shall be left exposed.
(3)
Excepted from the requirements of § 125-10C(1) and (2) above are applications for permits where, due to a malfunction of an existing effluent disposal system, an alteration, repair or installation of a replacement system for said existing system is needed, provided that the alteration, repair or installation of the replacement system is not associated with a change in use or an expansion of the building or facility being served by said system as defined by N.J.A.C. 7:9A-3.3(b) and provided further that the application submits with the applicant's application satisfactory proof that:
(a)
There is no area within the subject property upon which the components of the system required under § 125-10C(1) and (2) above could be located; and
(b)
The system, as originally installed, was located, designed,
constructed and installed in conformance with the standards in effect at the
time of its installation.
D.
Piping. The building sewer and the pipe leading from
the septic tank to the distribution box or seepage pit shall in all cases
be plastic PVC DWV four-inch diameter Schedule 40 properly glued, or cast
iron properly sealed.
[Amended 12-16-1975]
E.
Variances.
[Added 5-19-1992]
(1)
In addition to any other powers granted to the Board of Health, the Board of Health shall have the power to grant, upon an application being submitted, where the applicant can show that by reason of the strict application of any township ordinance under this chapter which is more restrictive than the state minimum standards and which would result in peculiar exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, exceptional narrowness, shallowness or shape of a specific property or exceptional topographic conditions or physical features uniquely affecting a piece of property or an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, which would cause such difficulties or hardship on the property owner, a variance from the strict application of this section of Chapter 125, provided that the applicant can prove to the Board that he or she meets one of the circumstances listed above and the applicant produces evidence to the Board that he or she has taken sufficient steps to mitigate any harm that such deviation from township standards would impose on the environment and the public health, safety and welfare.
(2)
The following procedure shall be used for the taking and review of applications to the Board of Health to vary those requirements of this section of Chapter 125 that are more restrictive than the state minimum.
(a)
A written request for a variance must be filed with the
Board of Health Secretary no later than 14 days before the next scheduled
Board of Health meeting. If the application is not filed in a timely manner,
the application will be heard at the next available meeting. In case of emergency
situations, the applicant must contact the Board Secretary to follow different
procedures.
(b)
The application must state the name of the applicant,
the name of the property owner if other than the applicant, the tax block
and lot number, street address, the particular sections of this chapter that
are requested to be varied, the nature of the variance and the reasons why
such a variance should be granted.
(c)
A copy of the Sussex County Health Department denial
to issue the necessary permit must be submitted along with any plans submitted
to them.
(d)
The applicant must give notice of the application to
all owners of real property within 200 feet of the boundaries of the subject
matter property as reflected in the tax records of the Township of Hampton.
In an emergency situation, as determined by the Board of Health, notice may
be waived for the first appearance by an applicant before the Board of Health;
however, any subsequent appearances would have to be noticed.
(e)
Said notice must be sent by certified mail, return receipt
requested, and by regular mail, and must include a copy of the application
and notice as to the time, date and place of the meeting wherein it will be
considered.
(f)
The applicant, if other than owner, must submit an affidavit
or certification from the owner granting permission for application.
(g)
The applicant or his or her duly authorized agent must
appear before the Board of Health in person in order to give sworn testimony
in support of the application. The applicant, in addition, may call other
witnesses to testify and has the right to cross-examine any witnesses presented
by the Board or by any objectors to the application.
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 shall be 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.
[1]
Editor's Note: Former § 125-12, Fees, was repealed 5-16-1995.
A.
Any person or persons, firm or corporation violating
any of the provisions of or any order promulgated under this article or the
Individual Sewage Disposal System Code of New Jersey (1963) made a part hereof
shall, upon conviction thereof, pay a penalty of not less than $2 nor more
than $500 for each violation.
[Amended 7-16-1974]
B.
Each day a particular violation continues shall constitute
a separate offense.
[1]
Editor's Note: Former Art. II, Number of Disposal Areas, adopted 4-19-1977,
was repealed 11-16-1999 by Ord. No. 99-13.
