[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
A.
After the effective date of this chapter, no installation or erection
of any potable water supply and sewerage service, or either, shall
be commenced or made in any realty improvement not served by an approved
water supply and an approved sewerage system in this Township, unless
and until:
(1)
Written application for the particular installation or erection has
been made to this municipality in a form furnished or approved by
the municipality or the Department of Environmental Protection of
New Jersey;
(2)
A fee of $15 has been paid the municipality, which fee shall accompany
application; and
(3)
Certification required by N.J.S.A. 58:11-25 has been issued by the
local Board of Health or its duly authorized agent or representative.
B.
Said fee shall cover the costs and expenses of the municipality in
all clerical work and inspections of proposed installation and actual
installation in each instance.
The provisions of this section shall apply only to those structures
which are to be erected without a basement.
A.
In those areas of the Township where building lines have been established
on streets by the erection of dwellings or other structures, and said
building line is less than that which would be required in order to
obtain conformance with the requirements of this chapter, and where
such conformance would impose undue hardship on an individual property
owner insofar as front yard setback is concerned, the minimum distances
may be reduced as follows:
B.
The above minimum distances may also apply in those instances where
the depth of the lot or lots is less than 80 feet. This provision
shall apply only in those instances where the lot or lots appear on
duly filed maps or on subdivisions approved by the Toms River Township
Planning Board.
No building permit for the construction of a realty improvement
shall be issued in this Township unless and until said certification
has been issued.
No construction of any realty improvement in this Township shall
be begun until said certification has been issued.
All proposed water supply systems and sewerage facilities for
the proposed realty improvements shall be in compliance with the provisions
of "The Realty Improvement Sewerage and Facilities Act (1954), of
the State of New Jersey," which is L. 1954, Chapter 199, N.J.S.A.
58:11-23 et seq., the standards for construction of such water supply
and sewerage facilities promulgated by the Department of Environmental
Protection of New Jersey or to be promulgated by it hereafter, and
the Toms River MUA's Rules and Regulations concerning sanitary
sewer matters.
A.
In all waterfront property, the sewerage disposal system shall be
constructed between the proposed new building or structure to be erected
and the street, unless previous construction on adjoining land or
lands makes such new erection of the new sewerage disposal system
first referred to in this section conflict with other provision or
provisions of this chapter or any other ordinance of this municipality
or with the state law.
B.
In any area where an approved central water supply system is available
and the proposed new structure to be erected is without basement,
the minimum distances may be:
A.
The distance between the septic tank and seepage pit shall be a minimum
of six feet.
B.
In those areas in which a high-water table exists and it is not practical
to make a percolation test as required by Section 9 of Chapter 199,
P.L. 1954,[1] the seepage area shall be based on a percolation rate
determined from an analysis of the soil conditions.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
C.
The soil borings shall be made by the engineer for the applicant
and shall extend to a depth which will penetrate pervious material.
However, in no case shall the depth of the borings be less than 12
feet. Further, wherever practical, in those areas having a high-water
table combined with a strata of meadow sod, mud or other impervious
material, a seepage pit shall be constructed having a depth sufficient
to penetrate the meadow sod, mud or impervious material.
D.
In all cases the engineer for the applicant shall certify to the
local Board of Health that the design of the individual sewage disposal
and water supply systems is in accordance with Chapter 199 of the
Laws of 1954 and all municipal ordinances relating to individual sewage
disposal and water supply systems.
E.
All precast concrete or prefabricated steel, septic tanks and seepage
pits must be approved by the Toms River Township Board of Health before
installation anywhere in the Township. Approval of the Board may be
obtained by submitting design details and an engineering report in
duplicate for each unit. This data shall be submitted to the Township
Engineer for his investigation and report to the Board of Health.
Each design shall be given a manufacturer's identification number.
After approval and filing with the Board of Health, all precast or
prefabricated units may be specified by size or capacity, and reference
to the proper identification number.
F.
Job-site-constructed sewage facilities will require individual design
details as part of the application and exhibit.
Any employee of this municipality who is a Sanitary Inspector,
First Grade, licensed by the New Jersey State Board of Health shall
be the representative of this municipality and its Board of Health
to issue such certificates where warranted, or to deny same when unwarranted.
The Board of Health shall from time to time designate one or more
of such employees[1] to so act for and on behalf of this municipality.
[1]
Editor's Note: On 5-10-1967, the Board of Health adopted the following resolution: "All employees of this Board of Health who are qualified as Sanitary Inspectors, First Grade, licensed by the New Jersey Department of Health, are hereby authorized to represent the Township of Toms River and its Board of Health in connection with the provisions of Ordinance No. 962 of the Township of Toms River." (Said Ord. No. 962, adopted 5-9-1967, amended this § 408-8.)
All words and phrases used in this chapter, which words and
phrases are defined in N.J.S.A. 58:11-24, shall follow the same definitions
and constructions as in said state law.
All fees paid pursuant to this chapter shall be the property
of the municipality, provided that all fees collected pursuant to
this chapter shall be first dedicated to the cost of administration
of the proceedings hereunder.
This chapter is adopted for both revenue and police power (i.e.,
regulatory) purposes.
Any person, firm or corporation convicted of a violation of
any of the provisions of this chapter shall suffer a penalty of a
fine of not exceeding $200 for each offense, and, if an individual,
by imprisonment in the common jail of the County of Ocean for a term
of not exceeding 30 days, or both, in the discretion of the Magistrate
before whom such conviction is had.
Nothing contained in the preceding section shall be construed
to affect, estop, hinder or embarrass the local Board of Health in
prosecuting any violation under the provisions of N.J.S.A. 58:11-39,
if it elects to so prosecute.
The Township Clerk shall file a certified copy of this chapter
with the Department of Environmental Protection of New Jersey within
10 days after the final adoption hereof.
